Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE5H DAY OF FEBRUARY201416TH MAGHA, 1935 Crl.MC.No. 728 of 2014 () -------------------------- CRIME NO. 2178/2013 OF CHADAYAMANAGALAM POLICE STATION , KOLLAM DISTRICT -------------------------------------- PETITIONER/ACCUSED NO.1: ----------------------------------------------- SHARAFATH M., AGED33YEARS, S/O.MUHAMMED MALLAM, PAZHAVILA HOUSE, VALIYAVAZHI, KAITHODE P.O., NILAMEL, KOLLAM DISTRICT. BY ADVS.SRI.SALIM V.S. SRI.SHANAVAS.S SRI.H.NUJUMUDEEN RESPONDENT/COMPLAINANT : ----------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0502-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.728/2014 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE FIR IN CRIME NO.2178/2013 ANNEX A2 COPY OF THE FIR IN CRIME NO.2179/2013 ANNEX A3 COPY OF THE REPRESENTATION DATED101/2014 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts K. RAMAKRISHNAN, J.
------------------------------------------------------------------ Crl.M.C. No.728 of 2014 --------------------------------------------------------------------- Dated this the 5th day of February, 2014 ORDER
This criminal miscellaneous case is filed by the first accused in Crime No.2178/2013 of Chadayamangalam Police Station, Kollam District, to issue a direction to the respondent to consider Annexure-A3 representation, and produce before the magistrate if necessary and direction to consider the bail application on the date of surrender by the magistrate under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code;).
2. It is alleged in the petition that, he is the first accused in Crime No.2178/2013 of Chadayamangalam Police Station, alleging offences under Section 143, 147, 148, 324, 307 read with Section 149 of Indian Penal Code and Section 27 of the Arms Act. The allegation of the prosecution is that the petitioner along with 7 others formed themselves into an unlawful assembly and in prosecution of their common object, attacked the defacto-complainant, who is a DYFI worker and caused injury and thereby all of them have committed the offence punishable under Sections 143, 147, 148, 324, 307 read with Section 149 of Crl.M.C. No.728 of 2014 2 Indian Penal Code and Section 27 of the Arms Act. The defacto- complainant in consultation with the police and CPM leaders twisted the real incident and gave a statement with false allegations and on the basis of such false allegations, Annexure- A1 first information report has been registered.
3. According to the petitioner, he came to the place of incident only after the incident. Crime No.2179/2013 has been registered only against the DYFI workers and he has been falsely implicated in a non-bailable offence with an intention to harass him in this case. He submitted a representation dated 10.01.2014 before the respondent, requesting an impartial investigation into the allegations. Now he has been arrayed as an accused, since he happened to be the local leader of a political party, which is in rival terms with the CPI(M) party. He is prepared to surrender before the investigating officer for the purpose of interrogation and also to prove his innocence. Annexure-A3 representation is pending before the respondent. He apprehends that unless there is a specific direction to the respondent to consider Annexure-A3, there is no chance for fair investigation. So he prayed for the following relief: Crl.M.C. No.728 of 2014 3 "It is humbly prayed that this Hon'ble Court may be pleased to direct the respondent to consider Annexure-A3 and interrogate the petitioner on the date of surrender and after interrogation produce the petitioner before the magistrate having jurisdiction and direction to the magistrate to consider and dispose of bail application filed by petitioner/accused No.1 in Crime No.2178/2013 of Chadayamangalam Police Station, Kollam District on the same day itself in the interest of justice".
4. Heard the learned Public Prosecutor also.
5. When the application came up for hearing, the learned counsel for the petitioner submitted that, he is prepared to surrender before the concerned Magistrate court and he wants only a direction that, if a bail application is filed, that may be considered on the same day itself.
6. I am not at this stage going into the allegations made in the petition, as it is a matter for evidence. The investigation is in the primary stage. So there is no necessity to give any direction as well. He can very well surrender either before the investigating officer or before the concerned court and if an application for bail is filed, it is the duty of the Presiding Officer to consider the bail application as provided under the 'Code', after hearing the Assistant Public Prosecutor of that court and dispose of the same without delay in accordance Crl.M.C. No.728 of 2014 4 with law. So, in view of the submission made by the learned counsel for the petitioner, the petition can be disposed of with the following direction: If the petitioner surrenders before the concerned magistrate court and move for regular bail in the above crime, the magistrate is directed to consider the bail application, if any filed by him on the date of surrender and dispose of the same in accordance with law, after hearing the Assistant Public Prosecutor of that court . If the magistrate is not able to dispose of the application on the same day, he is directed to record the reason for the same and then dispose of the application as expeditiously as possible. With the above direction and observation, the petition is dismissed. Sd/- K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss