Rema Devi vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 27, 2021

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Citation: sooperkanoon.com/1635623
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Apr 27, 2021
Case Number: Crl.MC/2434/2021

Parties & Advocates

Appellant / Petitioner

Rema Devi

Respondent

State of Kerala

Excerpt

.....on bail. the petitioner apprehends that she may be remanded to judicial custody, if she appears before the court.3. this court has in sujatha v. state of kerala [2015 khc 520] and biju s.praveen v. state of kerala and another [2007khc 3436] categorically laid down the law that remanding an accused to custody, pending trial, in a casual manner cannot be justified and that courts should be careful while passing orders on bail applications, as it deals with personal liberty.4. taking into consideration the fact that the petitioner is a lady aged 69 years and is undergoing treatment as evidenced by crl.mc.no.2434 of 2021(d) 3 annexure-a2, i am inclined to dispose the crl.m.c in the following manner:i) the petitioner is permitted to surrender before the judicial first class magistrate court-i, north parur and to move an application for bail in c.c.no.759 of 2015 with notice to the public prosecutor.(ii) in the event the petitioner filing such application, thelearned magistrate shall consider the bail application, in accordance with law, on the date of surrender itself keeping in mind the law laid down by this court in sujatha and biju (supra). iii) in order to provide an opportunity for the petitioner to surrender and seek bail, the non-bailable warrant pending against her shall be kept in abeyance for a period of three weeks from today. sd/- c.s.dias judge pm crl.mc.no.2434 of 2021(d) 4 appendix petitioner's/s annexures :- annexure-a1 the true copy of the private complaint with crl.m.p.no.895/2006 dated 24.4.2006 filed by the 2nd respondent before the judicial magistrate of first class court i, north parur annexure a2 the true photocopy of the medical certificate dated 8.4.20 issued to the petitioner

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 27TH DAY OF APRIL 2021 / 7TH VAISAKHA, 1943 Crl.MC.No.2434 OF 2021(D) AGAINST THE ORDER/JUDGMENT IN CC 759/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR
PETITIONER/ACCUSED :- REMA DEVI AGED 69 YEARS W/O. P.R.CHANDRADATHAN, RAMNIVAS, KUTHIYATHODE, CHERTHALA BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENTS/COMPLAINANT :- 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682 031 2 SHINU, S/O. JOSE, KURISHINKALL HOUSE, POYYA, MALA P.O., PIN-680 733, THRISSUR DISTRICT SMT.SHYLAJA.S.L., PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.2434 OF 2021(D) 2

ORDER

Petitioner is the accused in C.C.No.759 of 2015 on the file of the Judicial First Class Magistrate Court-I, North Parur, filed by the 1 st respondent, registered against the petitioner for committing the offences punishable under Sections 415, 417 and 420 of the Indian Penal Code.

2. The case of the petitioner is that, she is 69 years old and

is undergoing treatment as evidenced by Annexure-A2. Due to the COVID-19 pandemic and the travel restrictions that are in force, the petitioner is not in a position to appear before the court and get herself enlarged on bail. The petitioner apprehends that she may be remanded to judicial custody, if she appears before the court.

3. This Court has in Sujatha v. State of Kerala [2015 KHC 520] and Biju S.Praveen v. State of Kerala and another [2007

KHC 3436] categorically laid down the law that remanding an accused to custody, pending trial, in a casual manner cannot be justified and that Courts should be careful while passing orders on bail applications, as it deals with personal liberty.

4. Taking into consideration the fact that the petitioner is a lady aged 69 years and is undergoing treatment as evidenced by Crl.MC.No.2434 OF 2021(D) 3 Annexure-A2, I am inclined to dispose the Crl.M.C in the following manner:

I) The petitioner is permitted to surrender before the Judicial First Class Magistrate Court-I, North Parur and to move an application for bail in C.C.No.759 of 2015 with notice to the Public Prosecutor.

(ii) In the event the petitioner filing such application, the

learned Magistrate shall consider the bail application, in accordance with law, on the date of surrender itself keeping in mind the law laid down by this Court in Sujatha and Biju (supra). iii) In order to provide an opportunity for the petitioner to surrender and seek bail, the non-bailable warrant pending against her shall be kept in abeyance for a period of three weeks from today. Sd/- C.S.DIAS JUDGE pm Crl.MC.No.2434 OF 2021(D) 4 APPENDIX PETITIONER'S/S ANNEXURES :- ANNEXURE-A1 THE TRUE COPY OF THE PRIVATE COMPLAINT WITH CRL.M.P.NO.895/2006 DATED 24.4.2006 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL MAGISTRATE OF FIRST CLASS COURT I, NORTH PARUR ANNEXURE A2 THE TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE DATED 8.4.20 ISSUED TO THE PETITIONER

Same Court & Year Kerala · 2021 Same Parties Rema Devi vs State of Kerala Same Judge Honourable Mr.Justice C.S.Dias