Renjith vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 30, 2024

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https://sooperkanoon.com/case/1324706

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Citation: sooperkanoon.com/1324706
Court: Kerala High Court
Judge: Honourable Mr. Justice G.Girish
Decided On: Apr 30, 2024
Case Number: Crl.MC/3882/2024

Parties & Advocates

Appellant / Petitioner

Renjith

Respondent

State of Kerala

Excerpt

.....representing the respondent.2. the petitioner who is the 5th accused inc.c.no.134/2020 of judicial first class magistrate court-ii, kanjirappilly would contend that he could not appear before the said court during the course of trial since he was employed abroad. for the same reason, the case against him is said to have been transferred to long pending register and numbered as l.p.no.50/2024. now, he wants to surrender before the trial court and seek bail. however, the learned counsel for the petitioner would submit that the petitioner is likely to be remanded to judicial custody unless there is a direction to the trial court to dispose of the bail application on the same day when he surrenders before the learned magistrate.3. having regard to the facts andcircumstances of the case as borne out from the records and the submissions of the learned counsel for the petitioner and the learned public prosecutor, it appears to be expedient in the interests of justice to direct the trialcourt to consider the bail application, if any, filed by the petitioner on the same day itself when it is submitted and also to pass orders, as far as possible, on the date of surrender of the petitioner before the trial court. the petitioner shall serve a copy of the bail application sufficiently earlier to the assistant public prosecutor before the trial court.accordingly, the petition is disposed of with the aforesaid directions to the trial court. sd/- g.girish judge mn

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TUESDAY,THE 30TH DAY OF APRIL 2024/10TH VAISAKHA,1946 AGAINST THE ORDER/JUDGMENT DATED IN LP NO.50 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KANJIRAPPALLY PETITIONER(S)/ACCUSED NO.5: RENJITH AGED 31 YEARS S/O RAMESH, RESIDING AT KAMPIYIL HOUSE, OLAKKULAM , KOLLAMULA VILLAGE, PATHANAMTTITTA DISTRICT, PIN - 689645 BY ADVS. AMRIN FATHIMA J.RAMKUMAR RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SMT.MAYA M.N., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the respondent.

2. The petitioner who is the 5th accused in

C.C.No.134/2020 of Judicial First Class Magistrate Court-II, Kanjirappilly would contend that he could not appear before the said Court during the course of trial since he was employed abroad. For the same reason, the case against him is said to have been transferred to Long Pending Register and numbered as L.P.No.50/2024. Now, he wants to surrender before the Trial Court and seek bail. However, the learned counsel for the petitioner would submit that the petitioner is likely to be remanded to judicial custody unless there is a direction to the Trial Court to dispose of the bail application on the same day when he surrenders before the learned Magistrate.

3. Having regard to the facts and

circumstances of the case as borne out from the records and the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, it appears to be expedient in the interests of justice to direct the Trial

Court to consider the bail application, if any, filed by the petitioner on the same day itself when it is submitted and also to pass orders, as far as possible, on the date of surrender of the petitioner before the Trial Court. The petitioner shall serve a copy of the bail application sufficiently earlier to the Assistant Public Prosecutor before the Trial Court.

Accordingly, the petition is disposed of with the aforesaid directions to the Trial Court. Sd/- G.GIRISH JUDGE Mn

Same Court & Year Kerala · 2024 Same Parties Renjith vs State of Kerala Same Judge Honourable Mr. Justice G.Girish