Full Judgment
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. 4337 of 2014 --------------------------------- CRIME NO. 285/2014 OF CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM ------------- PETITIONER / 1ST ACCUSED : -------------------------------------------- AJITH, AGED35YEARS, S/O.ANGJAN, KOUSALIA NIVAS, VALLYAKADA, CHIRYINKEEZHU, SARKARA VILLAGE, TRIVANDRUM. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENTS : -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM2 THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM682031. 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: Msd. K. Ramakrishnan, J.
============================== Crl.M.C.No.4337 of 2014 ============================== Dated this, the 04th day of August, 2014. ORDER
This Criminal Miscellaneous Case is filed by the petitioner who is the first accused in Crime No.285/2014 of Chirayinkeezhu Police Station to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').
2. The case of the petitioner in the petition is that the petitioner is first the accused in Crime No.285/2014 of Chirayinkeezhu Police Station alleging offence punishable under Sections 415, 417, 418, 420 and Section 34 of Indian Penal Code. The above case was originated on the basis of a private complaint filed by the de facto complainant as C.M.P.No.1821/14 on the file of the Judicial First Class Magistrate Court, No-I, Attingal under Section 156(3) of Code and it was forwarded to the 2nd respondent for investigation and finally the 2nd respondent registered the above crime against the petitioner. It is submitted that the allegation leveled against the petitioner is absolutely false. It is also submitted that the petitioner had filed B.A No.5273/14 for Crl.M.C.No.4337 of 2014 :
2. : anticipatory before this honourable court which was dismissed by this honourable court. 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 has no other remedy except to approach this Court seeking the following relief: "To direct the Judicial First Class Magistrate Court- I, Attingal to consider the bail application on same day that would be filed by this petitioner in Crime No 285/14 of Chirayinkeezhu police station pending before Judicial First Class Magistrate Court-I, Attingal and allow this Crl MC." 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.
5. The petition was opposed by the Public Prosecutor Crl.M.C.No.4337 of 2014 :
3. : on the ground that the petitioner was absconding.
6. It is an admitted fact that the petitioner is the first accused in Crime No.285/2014 of Chirayinkeezhu Police Station alleging offence punishable under Section 415, 417, 418, 420 and Section 34 of Indian Penal Code. The apprehension of the petitioner that, if he surrenders before the court below and moves for bail, he will be remanded and his application 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 No-I, Attingal and moves for releasing him on bail in Crime No.285/2014 of Crl.M.C.No.4337 of 2014 :
4. : Chirayinkeezhu 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 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