Francis @ Bincy Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 Crl.MC.No. 1961 of 2014 --------------------------- CP NO. 3/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,KOCHI CRIME NO. 453/2012 OF KANNAMALY POLICE STATION , ERNAKULAM ..... PETITIONER(S)/ACCUSED NO.1: ---------------------------------------------------- FRANCIS @ BINCY,AGED34YEARS, S/O.JAMES, ATTUKULANGARA HOUSE, MALIKAPARAMBU, SOUTH CHELLANAM, CHELLANAM VILLAGE, KOCHI TALUK. BY ADV. SRI.BIMAL PRASAD RESPONDENT(S)/COMPLAINANT: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, MATTANCHERRY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031. BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE.P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0104-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss Crl.MC.No. 1961 of 2014 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURE: ------------------------------------------- ANNEXURE-A: CERTIFIED COPY OF FINAL REPORT IN CRIME NO.453/12 OF KANNAMALY POLICE STATION. RESPONDENT(S)' ANNEXURES: ----------------------------------------------- N I L /TRUE COPY/ P.A.TO JUDGE Kss K. Ramakrishnan, J.

============================== Crl.M.C.No.1961 of 2014 ============================== Dated this, the 01st day of April, 2014. ORDER

This is an application filed by the petitioner who is the first accused in C.P.No.03/2014 (Crime No.453/12 of Kannamaly Police Station) on the files of Judicial First Class Magistrate Court-I, Kochi, to issue a direction to the magistrate to consider the bail application under Section 482 of Code of Criminal Procedure.

2. It is alleged in the petition that petitioner is the first accused in Crime No.453/12 of Kannamaly Police Station now pending before the Judicial First Class Magistrate Court-I, Kochi, as C.P.No.03/14 alleging offences under Sections 447, 323, 307 read with Section 34 of Indian Penal Code. The allegation in the petition was that, the first accused fisted the de-facto complainant and thereafter the 2nd accused stabbed the de-facto complainant on his chest. The petitioner herein received summons and enquiries were made thereafter and he came to understand that he is arrayed as the first accused and Annexure A Final report was filed terming him as absconder. On 06.03.2014, the petitioner appeared through Counsel Crl.M.C.No.1961 of 2014 :

2. : before Judicial First Class Magistrate Court-I, Kochi and the case was adjourned for his appearance to 26.03.2014. On that day, his counsel had entrusted another counsel to seek adjournment for his appearance. Unfortunately, there was no representation made when the case was taken up and non- bailable warrant was ordered against the petitioner and the case was posted to 08.04.2014. The petitioner is innocent and has not committed any crime nor had he absconded. The apprehension of the petitioner is that, if he surrenders before the concerned court, his bail application will not be considered on the same date and he will be remanded to custody. So, he has no other remedy except to approach this court seeking the following relief: "i) To grant an order directing the Hon'ble Judicial First Class Magistrate Court-1, Kochi to pass order in the bail application of the petitioner in C.P.No.3/14 on the day of his surrender itself.

3. Considering the nature of relief claimed in the petition, this court felt that the same can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor. Crl.M.C.No.1961 of 2014 :

3. :

4. The Counsel for the petitioner submitted that the apprehension of the petitioner is that, if he surrenders before the court below, his bail application will not be considered by the court below on the same day and he will be remanded to custody. The application was opposed by the Public Prosecutor.

5. It is an admitted fact that petitioner is the first accused in C.P.No.03/14 pending before Judicial First Class Magistrate Court, No-I, Kochi, which originated on the basis of Crime.No.453/12 of Kannamaly Police Station alleging offences under Sections 447, 323, 307 read with Section 34 of Indian Penal Code. Since he did not appear, the learned magistrate issued non-bailable warrant against him. Now, non-bailable warrant is pending against him and the case is now posted to 08.04.2014. The only apprehension of the petitioner is that, if he surrenders before the court below, his bail application will not be considered on the same day. But, the apprehension appears to be not genuine, as the Presiding Officer of criminal courts are expected to dispose of the bail applications if any filed by the accused on their surrender as far as possible on the same day of filing of the application itself unless there are Crl.M.C.No.1961 of 2014 :

4. : compelling circumstances warrant the courts to postpone the same to a future date. So, in fact there is no need to issue any direction as claimed 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 Court-I, Kochi, and moves for bail in C.P.No.03/2014 (Crime No.453/12 of Kannamaly Police Station), then, the learned magistrate is directed to consider and dispose of that application on the date of surrender itself after hearing the Assistant Public Prosecutor of that court in accordance with law. 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