IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN MONDAY, THE4H DAY OF AUGUST201413TH SRAVANA, 1936 Crl.MC.No. 4353 of 2014 --------------------------- CRIME NO. 257/2014 OF KODUMON POLICE STATION , PATHANAMTHITTA ..... PETITIONER/ACCUSED: ------------------------------------ YESHPAL, AGED41YEARS, S/O.SADASIVAN, NIRAPIL VEEDU, KIZHAKKEKARA MURI, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.SYAM J.
SAM RESPONDENT: ---------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0408-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. Ramakrishnan, J.
============================== Crl.M.C.No.4353 of 2014 ============================== Dated this, the 04th day of August, 2014. ORDER
This Criminal Miscellaneous Case is filed by the petitioner who is arrayed as second accused in Crime No.257/2014 of Kodumon Police Station to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure.
2. The case of the petitioner in the petition is that the petitioner is arrayed as the second accused in Crime No.257/2014 of Kodumon Police Station. At first, the police registered a crime under Section 9 (B) (b) of Explosive Act. Subsequently, the section was altered to Section 5 of the Explosive Substance Act. Later, the charge was altered into Section 5(a) of Explosive Substances Act. It is submitted that the petitioner is innocent of the allegation and he has been falsely implicated in the case alleging that 1st accused has given confession before the police against the petitioner. Though the petitioner is ready and willing to surrender before the court below, he apprehends that, he is likely to be remanded and his bail application will not be considered on the date of filing of the application itself. So, the petitioner Crl.M.C.No.4353 of 2014 :
2. : has no other remedy except to approach this Court seeking the following relief: "To direct the JFMC, Adoor to consider the bail application moved in Crime No.257/14, Pathanamthitta District by the petitioner." 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. Learned Counsel for the petitioner submitted that his only apprehension is that, if the petitioner surrenders before the court below, his bail application will not be considered on the same day and he will be remanded to custody, unless a direction is given by this court in this regard.
5. The petition was opposed by the Public Prosecutor on the ground that the petitioner is an absconding accused.
6. It is an admitted fact that the petitioner is arrayed as the second accused in Crime No.257/14 of Kodumon Police Station pending before the Judicial First Class Magistrate Court, Adoor alleging offence punishable under Section 5(a) of Explosive Substances Act. The apprehension Crl.M.C.No.4353 of 2014 :
3. : of the petitioner that, if he surrenders before the court below and moves for bail, he will be remanded and his application for bail will not be considered on the date of filing itself is not genuine and without any basis. This Court has time and again observed in several petitions of this nature that the Presiding Officers of the criminal courts are duty bound to dispose of the bail applications, if any, filed by the accused persons on their surrender on the date of filing of the application itself unless compelling circumstances warrant postponement of the same to a future date. So, in fact, there is no necessity to issue any direction as sought for 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 First Class Magistrate Court, Adoor and moves for recalling the warrant and for releasing him on bail in Crime No.257/2014 of Kodumon Police Station now pending before that court, then, the learned Magistrate is directed to consider and dispose of the bail application 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. With the above direction and observation, the petition is Crl.M.C.No.4353 of 2014 :
4. : 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