Ummer Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE6H DAY OF MARCH201415TH PHALGUNA, 1935 Crl.MC.No. 1434 of 2014 --------------------------- LP NO. 33/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERRY ... CRIME NO. 296/2006 OF ERUMAPETTY POLICE STATION , THRISSUR .... PETITIONER(S)/ACCUSED NO.4: ---------------------------------------------------- UMMER,AGED41YEARS, S/O.ABDHU, KOTTINGAL HOUSE, VELLARAKAD THRISSUR DIST. BY ADV. SRI.M.J.SANTHOSH RESPONDENT:COMPLAINANT: ---------------------------------------------------- SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION REPRESENTED BY STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0603-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. Ramakrishnan, J.

============================== Crl.M.C.No.1434 of 2014 ============================== Dated this, 06th day of March, 2014. ORDER

This is an application filed by the petitioner who is the accused in L.P.No.33/11 (Crime No.296/2006 of Erumapetty Police Station) to issue a direction to the concerned magistrate to dispose of the application for bail if any filed by the petitioner on his surrender under Section 482 of Code of Criminal Procedure.

2. It is alleged in the petition that he was arrayed as 4th accused in Crime No.296/06 of Erumapetty Police Station along with others alleging offences under Sections 323, 324, 341 read with Section 34 of Indian Penal Code. After investigation, final report was filed in that case. Since he could not appear, the case against him has been split up and transferred to register of long pending cases and it is pending before the Judicial First Class Magistrate Court, Wadakkanchery as L.P.No.33/11. According to the petitioner, he had not received any summons and that was the reason why he could not appear before the court below earlier. It is also mentioned that non-bailable warrant is pending against Crl.M.C.No.1434 of 2014 :

2. : him and his apprehension is that, if he surrenders before the concerned magistrate court and move for recalling the warrant and release him on bail, that court will not allow the same and he will be remanded. So, he has no other option except to approach this court seeking the following relief: "To direct the Hon'ble Judicial First Class Magistrate Court, Wadakkanchery to consider the bail application to be filed by the petitioner and to enlarge the petitioner on bail on the date of his surrender itself and the petitioner may not be arrested till the execution of the bail bond in L.P.No.33/11 on the file of Judicial First Class Magistrate Court, Wadakkanchery in Crime No.296/06 of Erumapetty police station, so as to secure the ends of justice." 3. Considering the nature of relief claimed in the petition, this court felt that this can be disposed of at the admission stage itself after hearing the Public Prosecutor and the Counsel for the petitioner.

4. The Counsel for the petitioner submitted that unless a direction is given by this court, the lower court will not consider and pass orders in the application filed by the petitioner on the date of filing itself.

5. The fact that a case was registered against the petitioner and after investigation, final report was filed and Crl.M.C.No.1434 of 2014 :

3. : since he did not appear, it was transferred to register of long pending cases and pending as L.P.No.33/11 on the file of the Judicial First Class Magistrate Court, Wadakkanchery etc., are not in dispute. The case of the petitioner was that he did not receive summons in the case. Further his apprehension was that, if he surrenders before the court below and moves for bail, that will not be considered by the court and he will be remanded to custody. The apprehension alleged in the petition appears to be without any basis and it is a premature one at this stage. Further, the allegation that his application will not be considered by that court on the same day also without any basis, because the presiding officer of the court are expected to pass appropriate orders in the case of bail applications as far as possible on the same day of filing the application itself unless there are compelling circumstances warrant the postponement of the order to a later date. So, the nature of relief claimed in the petition as it cannot be granted, as it is for that court to consider whether bail has to be granted or not considering the circumstances of each case and the reasons stated in the petition by the petitioner for his non-appearance earlier etc.,. So, considering the circumstances, this court Crl.M.C.No.1434 of 2014 :

4. : feels that the petition can be disposed of as follows: If the petitioner surrenders before the Judicial First Class Magistrate Court, Wadakkancherry and moves for recalling the L.P. Warrant pending against him and also files an application for release him on bail in L.P.33/11 (Crime No.296/06 of Erumapetty Police Station) pending before that court, then, the learned magistrate is directed to consider those applications and dispose of the same after hearing the Counsel for the petitioner and the Assistance Public Prosecutor of that court and pass appropriate orders in accordance with the law as far as possible on the same date of filing 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