Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY,THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 Crl.MC.No. 1144 of 2014 () --------------------------- LP.NO. 59/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VARKALA .................. CRIME NO. 628/2002 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT -------------------------------------- PETITIONER/ACCUSED NO.2: ------------------------------------------------ DEEPU, AGED33YEARS, S/O.RAJENDRA BABU, DEEPA LAND, EDAVA POST, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 311. BY ADVS.SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL) SRI.P.S.PRASAD RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY PUBLIC PROSECUTOR SMT. S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K. RAMAKRISHNAN, J.
................................................. Crl.M.C.No.1144 of 2014 .................................................. Dated this the 11th day of February, 2014. ORDER
This is an application filed by the accused in L.P.No.59/2007 on the files of the Judicial First Class Magistrate Court, Varkala, for issuing a direction under Section 482 of the Code of Criminal Procedure.
2. It is alleged in the petition that the petitioner is the accused in L.P.No.59/2007 on the files of the Judicial First Class Magistrate Corut, Varkala, and the case was originated on the basis of a crime registered as Crime No.628/2002 of Varkala police station. Originally the offences alleged are under Sections 143, 147, 148, 149, 341, 324, 326 and 379 read with Section 34 of the Indian Penal Code and after investigation, final report was filed alleging the offences under Sections 447, 427 and 395 read with Section 34 of the Indian Penal Code alone. Since the petitioner was working abroad, he could not appear before court below as he did not receive summons in the case. Now the case has been transferred to register of long pending cases as L.P.No.59/2007 and non bailable warrant is issued against him. He apprehends remand by the court on surrender. So, he filed this application seeking the following relief: Crl.M.C.No.1144 of 2014 2 "For these and other grounds urged at the time of hearing, this Honourable Court may be pleased to direct the learned Magistrate to consider the bail application filed by the petitioner on the date of his surrender itself in L.P.No.59/2007 on the files of Judicial First Class Magistrate Court, Varkala in connection with Crime No.628/2002 of Varkala Police Station, Trivandrum District in the interest of justice." 3. Considering the nature of the relief claimed, this Court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the Public Prosecutor.
4. In fact, there is no necessity to issue any direction to the courts below as claimed in the petition as there is a duty cast on the Presiding Officers to consider and dispose of the bail application, if any, filed before that court as expeditiously as possible, at any rate, on the date of filing itself, after hearing the Assistant Public Prosecutor or the Public Prosecutor as the case may be. So, prima facie, I feel that the apprehension is not genuine. However, considering the circumstances, I feel that this petition can be disposed of with the following directions: If the petitioner surrenders before the Judicial First Class Magistrate, Varkala, and moves for recalling the LP warrant and release him on bail in LP.No.59/2007, then the learned Magistrate is directed to consider and dispose of his application as early as Crl.M.C.No.1144 of 2014 3 possible, at any rate, on the date of filing itself after hearing the Assistant Public Prosecutor of that court in accordance with law. Sd/- K. RAMAKRISHNAN, JUDGE. cl /true copy/ P.S to Judge