Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY, THE22D DAY OF AUGUST201431ST SRAVANA, 1936 Crl.MC.No. 4781 of 2014 () --------------------------- AGAINST THE ORDER
IN CRMP16422014 of SESSIONS COURT,KOLLAM DATED1206-2014 CRIME NO. 714/2014 OF SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT PETITIONER(S)/ACCUSED: ----------------------------- AJEESH, AGED31YEARS S/O.JOSEPH, MULLASSERY VADAKKETHIL SAKTHIKULANGARA VILLAGE, KAVANAD P.O., KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S)/COMPLAINANT: ------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2208-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4781 of 2014 () APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A:- PHOTOSTAT COPY OF ORDER
IN CRL.M.P.NO.1642/2014 OF SESSIONS COURT, KOLLAM DATED126.2014 RESPONDENT'S ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. dlk K. Ramakrishnan, J.
============================== Crl.M.C.No.4781 of 2014 ============================== Dated this, the 22nd day of August, 2014. ORDER
This Criminal Miscellaneous Case is filed by the petitioner who is the accused in Crime No.714/2014 of Sakthikulangara 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 the accused in Crime No.714/2014 of Sakthikulangara Police Station alleging offences punishable under Sections 447, 294(b), 323 and Section 326 of of Indian Penal Code. It is submitted that the petitioner is innocent of all allegations levelled against him. The petitioner had approached the Hon'ble Sessions Court, Kollam seeking anticipatory bail. The learned Sessions Judge had dismissed the application for anticipatory bail filed by 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 Crl.M.C.No.4781 of 2014 :
2. : petitioner has no other remedy except to approach this Court seeking the following relief: "To issue a direction to the Hon'ble Judicial First Class Magistrate II, Kollam to positively consider the petitioner's bail application in Crime No.714/2014 of Sakthikulangara Police Station on the date of surrender 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. 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 on the ground that the petitioner is an absconding accused.
6. It is an admitted fact that the petitioner is the accused in Crime No.714/2014 of Sakthikulangara Police Station alleging offence punishable under Sections 447, 294 (b), 323 and Section 326 of 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 Crl.M.C.No.4781 of 2014 :
3. : 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 II, Kollam and for releasing him on bail in Crime No.714/2014 of Sakthikulangara 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. Crl.M.C.No.4781 of 2014 :
4. : Office is directed to communicate this order to the concerned court immediately. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge