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Rajesh Vs. State of Kerala - Court Judgment

SooperKanoon Citation

Court

Kerala High Court

Decided On

Judge

Appellant

Rajesh

Respondent

State of Kerala

Excerpt:


.....by the court on the same day and he will be remanded to custody. the application was opposed by the public prosecutor.5. it is an admitted fact that petitioner is an accused in c.p.no.93/2012 pending before judicial first class magistrate crl.m.c.no.1959 of 2014 :3. : court, no-i, adoor which was originated on the basis of crime.no.155/09 registered by adoor excise range alleging offences under section 55(g) of the kerala abkari act. the offence alleged against the petitioner is that 5007 litres of wash is found at a dense grassy place near the pump house, at iyranikkudi, noornadu village. since he did not appear, non- bailable warrant has been issued against him and now non- bailable warrant is pending against the petitioner. the only apprehension of the petitioner is that, if he surrenders before the court below, his bail application will not be considered on the same day. but, the apprehension appears to be not genuine, as the presiding officers of criminal courts are expected to dispose of the bail applications if any filed by the accused on their surrender as far as possible on the same day of filing of the application itself unless there are compelling.....

Judgment:


IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 Crl.MC.No. 1959 of 2014 () --------------------------- CP.NO.93/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ADOOR. CRIME NO. 155/2009 OF EXCISE RANGE, ADOOR. ........ PETITIONER/1ST ACCUSED: ----------------------------------------- RAJESH, S/O.RAJAN, AGED33YEARS, PADINJATTETHIL THEKKETHIL PATTOOR NORTH, NOORANADU VILLAGE, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADVS.SRI.R.PADMAKUMAR, SRI.P.ARAVIND. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE. P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0104-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 1959 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A. COPY OF THE FINAL REPORT IN C.R.155/2009 OF EXCISE RANGE ADOOR DATED0509/2012 SUBMITTED BY EXCISE INSPECTOR BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ADOOR. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs. K. Ramakrishnan, J.

============================== Crl.M.C.No.1959 of 2014 ============================== Dated this, the 01st day of April, 2014. ORDER

This is an application filed by the petitioner who is the first accused in C.P.No.93/12 (Crime No.155/09 of Adoor Excise Range) on the files of Judicial First Class Magistrate, No- I, Adoor, to issue a direction to the magistrate to consider the bail application under Section 482 of Code of Criminal Procedure.

2. It is alleged in the petition that petitioner is the first accused in Crime No.155/09 of Adoor Excise Range now pending before the Judicial First Class Magistrate Court, No-I, Adoor as C.P.No.93/12 alleging offences under Section 55(g) of the Kerala Abkari Act. The allegation in the petition is that 5007 litres of wash is found at a dense grassy place near the pump house, at Iyranikkudi, Noornadu Village. The charge sheet in the above case is filed by the Excise Inspector, Adoor Range and the learned Judicial Class Magistrate, Adoor has taken cognizance of the case as C.P.No.93/2012. There is no evidence connecting the petitioner with the crime. Now, non- bailable warrant is pending against the petitioner. His Crl.M.C.No.1959 of 2014 :

2. : daughter awaits surgery on 15.04.2014. He is prepared to surrender. But his apprehension is that, if he surrenders before the concerned court, his bail application will not be considered on the same date and he will be remanded to custody. So, he has no other remedy except to approach this court seeking the following relief: "i) To recall the warrant and direct the Judicial First Class Magistrate I, Adoor to consider the bail application of the petitioner in C.P.No.93/2012 on the date of surrender itself following the principles in Sukumari Vs State of Kerala (2001 (1) KLT22" 3. Considering the nature of relief claimed in the petition, this court felt that the same can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor.

4. The Counsel for the petitioner submitted that the apprehension of the petitioner is that, if he surrenders before the court below, his bail application will not be considered by the court on the same day and he will be remanded to custody. The application was opposed by the Public Prosecutor.

5. It is an admitted fact that petitioner is an accused in C.P.No.93/2012 pending before Judicial First Class Magistrate Crl.M.C.No.1959 of 2014 :

3. : Court, No-I, Adoor which was originated on the basis of Crime.No.155/09 registered by Adoor Excise Range alleging offences under Section 55(g) of the Kerala Abkari Act. The offence alleged against the petitioner is that 5007 litres of wash is found at a dense grassy place near the pump house, at Iyranikkudi, Noornadu Village. Since he did not appear, non- bailable warrant has been issued against him and now non- bailable warrant is pending against the petitioner. The only apprehension of the petitioner is that, if he surrenders before the court below, his bail application will not be considered on the same day. But, the apprehension appears to be not genuine, as the presiding officers of criminal courts are expected to dispose of the bail applications if any filed by the accused on their surrender as far as possible on the same day of filing of the application itself unless there are compelling circumstances warrant the courts to postpone the same to a future date. In fact, there is no need to issue any direction as claimed in the petition. However, considering the apprehension expressed in the petition, this court feels that the petition can be disposed of as follows: If the petitioner surrenders before the Judicial Crl.M.C.No.1959 of 2014 :

4. : First Class Magistrate Court,No-I, Adoor and moves for bail in C.P.No.93/2012 (Crime No.155/09 of Adoor Excise Range), then, the learned magistrate is directed to consider and dispose of that application on the date of surrender itself after hearing the Assistant Public Prosecutor of that court in accordance with law. With the above direction and observation, the petition is disposed of. Office is directed to communicate this order to the concerned court immediately. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge


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