Biju Vs. State of Kerala

Biju vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 03, 2014

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https://sooperkanoon.com/case/1136885

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Citation: sooperkanoon.com/1136885
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Ramakrishnan
Decided On: Apr 03, 2014
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Biju

Respondent

State of Kerala

Excerpt

.....482 of the code of criminal procedure.2. it is alleged in the petition that he is the 4th accused in c.c. 341/2007 pending before the judicial first class magistrate court, ettumanoor which was originated on the basis of a complaint given by the defacto complainant alleging offences under section 420 read with section 34 of the indian penal code. earlier during crime stage he was on bail but thereafter he got employment abroad so he went abroad and he could not appear before the magistrate court thereafter. so his bail was cancelled and non-bailable warrant was issued against him. most of the witnesses were examined and he is prepared to surrender. but in view of the warrant pending, his application for bail will not be considered on the same day. so he has no other option except to crl. m.c. no. 2008 of 2014 2 approach this court seeking the following reliefs: "therefore it is humbly prayed that this honourable court may kindly issue a direction directing the judicial first class magistrate court, ettumanoor to release the petitioner/4th accused in c.c. 341/2007 duly considering his bail application on the same day itself".3. considering the nature of relief claimed in the petition this court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the learned public prosecutor .4. it is an admitted fact that the petitioner is the 4th accused in c.c. 341/2007 pending before the judicial first class magistrate court, ettumanoor and he was on bail earlier, subsequently he went abroad and so due to his non- appearance his bail was cancelled and non -bailable warrant was issued against and it is pending. now he is prepared to appear before the court below but his apprehension is that his bail application will not be considered on the same and he will be remanded to judicial custody. the apprehension of the petitioner is without any basis. this court has time and again in similar matters.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE3D DAY OF APRIL201413TH CHAITHRA, 1936 Crl.MC.No. 2008 of 2014 --------------------------- CC NO. 341/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ETTUMANUR .... PETITIONER(S)/4TH ACCUSED: -------------------------------------------------- BIJU, S/O.SUBRAMANIAN, EDANAIK, KARAYIL, CHOWARA, ALUVA. BY ADV. SRI.E.D.GEORGE RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT., S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0304-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.RAMAKRISHNAN, J.

x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x Crl. M.C. No. 2008 of 2014 x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x Dated this the 3rd day of April, 2014

JUDGMENT

This is an application filed by the petitioner, who is the 4th accused in C.C. 341/2007 on the file of the Judicial First Class Magistrate Court Ettumanoor to issue a direction to the Magistrate under Section 482 of the Code of Criminal Procedure.

2. It is alleged in the petition that he is the 4th accused in C.C. 341/2007 pending before the Judicial First Class Magistrate Court, Ettumanoor which was originated on the basis of a complaint given by the defacto complainant alleging offences under Section 420 read with Section 34 of the Indian Penal Code. Earlier during crime stage he was on bail but thereafter he got employment abroad so he went abroad and he could not appear before the Magistrate court thereafter. So his bail was cancelled and non-bailable warrant was issued against him. Most of the witnesses were examined and he is prepared to surrender. But in view of the warrant pending, his application for bail will not be considered on the same day. So he has no other option except to Crl. M.C. No. 2008 of 2014 2 approach this court seeking the following reliefs: "Therefore it is humbly prayed that this Honourable Court may kindly issue a direction directing the Judicial First Class Magistrate Court, Ettumanoor to release the petitioner/4th accused in C.C. 341/2007 duly considering his bail application on the same day itself".

3. Considering the nature of relief claimed in the petition this Court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioner and the learned Public Prosecutor .

4. It is an admitted fact that the petitioner is the 4th accused in C.C. 341/2007 pending before the Judicial First Class Magistrate Court, Ettumanoor and he was on bail earlier, subsequently he went abroad and so due to his non- appearance his bail was cancelled and non -bailable warrant was issued against and it is pending. Now he is prepared to appear before the court below but his apprehension is that his bail application will not be considered on the same and he will be remanded to judicial custody. The apprehension of the petitioner is without any basis. This Court has time and again in similar matters observed that the Presiding Officers of the criminal courts are duty bound to consider and dispose of the Crl. M.C. No. 2008 of 2014 3 bail applications on the date of their surrender itself as far as possible unless compelling circumstances warrant postponement of the same to a future date. So in fact there is no necessity to issue any direction as claimed in the petition. However considering the apprehension raised in the petition this Court feels that the petition can be disposed of as follows: If the petitioner surrenders before the Judicial First Class Magistrate Court, Ettumanoor and move for bail in C.C. 341/2007 on the file of the Judicial First Class Magistrate Court Ettumanoor, then the learned Magistrate is directed to consider and dispose of the bail application, if any filed, after hearing the Assistant Public Prosecutor of that Court, in accordance with law as far as possible on the date of filing of the application itself.

5. With the above direction and observation the petition is disposed of. Office is directed to communicate this order the concerned Court immediately. Sd/- K.RAMAKRISHNAN, JUDGE rka /true copy/

Same Court & Year Kerala · 2014 Same Parties Biju vs State of Kerala Same Subject Criminal Same Judge Honourable Mr. Justice K.Ramakrishnan