Jayan Vs. the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1022368
CourtKerala High Court
Decided OnAug-23-2013
JudgeHONOURABLE MR.JUSTICE V.K.MOHANAN
AppellantJayan
RespondentThe State of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.k.mohanan friday, the 23rd dayof august 2013 1st bhadra, 1935 crl.mc.no. 3546 of 2013 --------------------------- against the order/judgment in cp no.89/2012 of judicial first class magistrate court,adoor .... petitioner/accused: ----------------------------------- jayan, aged 3 years, s/o.kunjukunju, jayavilasam house, pattoor muri, nooranadu village, mavelikkara taluk, alappuzha district. by advs.sri.t.p.pradeep sri.p.k.satheesh kumar respondent: ----------------------- the state of kerala, represented by the public prosecutor, high court of kerala, ernakulam. by public prosecutor smt. s. hyma this criminal misc. case having come up for admission on 23-08-2013, the court on the same daypassed the following: kss v.k.mohanan, j.------------------------------------------ crl.m.c.no.3546 of 2013 ------------------------------------------- dated this the 23rd day of august, 2013 order the petitioner is the sole accused in c.r.no.91 of 2009 of excise range, adoor. according to the petitioner, though he was available in his locality, he was not arrested connected with the above crime and he was not aware of pendency of any crime against him. according to the petitioner, as nbw is pending against him, he is not in a position to appear before the court below, since he apprehends that he will be sent to jail. therefore, the present petition is filed under section 482 of cr.p.c. with a prayer to direct the court below to allow the bail application of the petitioner on the date of surrender itself and nbw issued by the learned magistrate may be kept in abeyance.2. heard the learned counsel for the petitioner as well as the learned public prosecutor.3. having regard to the facts and circumstances involved in the case, it appears that, the petitioner is involved in an abkari offence punishable under section 55(g) of the crl.m.c.no.3546 of 2013 :-2-: abkari act and it is further seen that the investigating authority has already filed a final report, based upon which the court has already taken cognizance and instituted c.p.no.89 of 2012. if that be so, this court will not be justified in granting the relief as sought for. on the other hand, it is for the petitioner to surrender before the court below and convince the reasons for his absence and non-availability for arrest, etc. in the result, this m.c. is disposed of relegating the petitioner to approach the court of judicial first class magistrate, adoor and he can surrender before the said court, if he is so advised, and seek orders to recall the nbw if any pending or for regular bail. accordingly, there will be a direction to the learned magistrate that, in the event of the petitioner surrenders before that court and file an application to recall the warrant or for regular bail, or both, the same shall be considered on merit and pass appropriate orders thereon, on the date of his surrender itself. v.k.mohanan, judge skj
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN FRIDAY, THE 23RD DAYOF AUGUST 2013 1ST BHADRA, 1935 Crl.MC.No. 3546 of 2013 --------------------------- AGAINST THE ORDER/JUDGMENT

IN CP NO.89/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,ADOOR .... PETITIONER/ACCUSED: ----------------------------------- JAYAN, AGED 3 YEARS, S/O.KUNJUKUNJU, JAYAVILASAM HOUSE, PATTOOR MURI, NOORANADU VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEESH KUMAR RESPONDENT: ----------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-08-2013, THE COURT ON THE SAME DAYPASSED THE FOLLOWING: Kss V.K.MOHANAN, J.

------------------------------------------ Crl.M.C.No.3546 of 2013 ------------------------------------------- Dated this the 23rd day of August, 2013 ORDER The petitioner is the sole accused in C.R.No.91 of 2009 of Excise Range, Adoor. According to the petitioner, though he was available in his locality, he was not arrested connected with the above crime and he was not aware of pendency of any crime against him. According to the petitioner, as NBW is pending against him, he is not in a position to appear before the court below, since he apprehends that he will be sent to jail. Therefore, the present petition is filed under Section 482 of Cr.P.C. with a prayer to direct the court below to allow the bail application of the petitioner on the date of surrender itself and NBW issued by the learned Magistrate may be kept in abeyance.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. Having regard to the facts and circumstances involved in the case, it appears that, the petitioner is involved in an Abkari offence punishable under Section 55(g) of the Crl.M.C.No.3546 of 2013 :-2-: Abkari Act and it is further seen that the investigating authority has already filed a final report, based upon which the court has already taken cognizance and instituted C.P.No.89 of 2012. If that be so, this Court will not be justified in granting the relief as sought for. On the other hand, it is for the petitioner to surrender before the court below and convince the reasons for his absence and non-availability for arrest, etc. In the result, this M.C. is disposed of relegating the petitioner to approach the court of Judicial First Class Magistrate, Adoor and he can surrender before the said court, if he is so advised, and seek orders to recall the NBW if any pending or for regular bail. Accordingly, there will be a direction to the learned Magistrate that, in the event of the petitioner surrenders before that court and file an application to recall the warrant or for regular bail, or both, the same shall be considered on merit and pass appropriate orders thereon, on the date of his surrender itself. V.K.MOHANAN, JUDGE skj