The High Court dismissed a bail application by a petitioner who absconded abroad after initial bail. Directing him to surrender to the trial court to seek regular bail.
Petitioner directed to appear before the trial court and seek regular bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
THURSDAY, THE 20TH DAY OF JUNE 2013/30TH JYAISHTA 1935
Crl.MC.No. 2412 of 2013 ()
--------------------------AGAINST SC 191/2012 of PRL.ASSISTANT SESSIONS COURT,IRINJALAKUDA
PETITIONER/3RD ACCUSED:
----------------------
KRISHNAKUMAR @ KISHORE, AGED 31 YEARS S/O.SOMASEKHARAN PILLAI, PANAVILA HOUSE MANJAPARA DESOM, MANAPARA (PO) ERNAKULAM DISTRICT 683581
BY ADVS.SRI.M.H.HANIL KUMAR
SRI.P.A.ROY
RESPONDENTS/COMPLAINAT/STATE:
----------------------------
1. SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM COCHIN 682031
2. THE CIRCLE INSPECTOR OF POLICE,
3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM COCHIN 682 031
R BY PUBLIC PROSECUTOR SMT. S.HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-06-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
V.K.MOHANAN, J
Crl.M.C.No. 2412 of 2013
Dated this the 20th day of June, 2013
ORDER
The petitioner who is the third accused in Crime
No.811/2010 of Chalakudy Police Station, for the offences punishable under Sections 397 and 212 IPC, preferred this petition under Section 482 of Cr.P.C, apprehending his arrest. According to the petitioner though he was released on bail during the crime stage, but he went abroad and now the case was committed to the Assistant Sessions Court, Irinjalakuda, which is now pending as S.C.No.190/2012. The case of the petitioner is that he is now ready to appear before the trial Court below, but he apprehends that he will be sent to jail without granting bail.
involved in the case it appears that the petitioner involved in a case, where the offences involved are punishable under Sections 397 and 212 IPC. It is also a fact that, while he was on bail, he jumped over the bail conditions and went abroad, as a result of which he could not appear before the Court when
Crl.M.C.No. 2412 of 2013
2
the proceedings were in progress in the committal Court as well as in the trial Court. If that be so, according to me, it is for the petitioner to approach the trial Court and seek regular bail.
In the result, this Crl.M.C. is disposed of, directing the petitioner to appear before the trial court, if he is so advised, he can surrender before the said Court, and seek bail and accordingly, there will be a direction to the learned Judge that in the event of the surrender of the petitioner and on his seeking regular bail, the same should be considered on merit and pass appropriate orders, on the date of his surrender itself.
Sd/-
V.K.MOHANAN, JUDGE.
AS
2 issues framed by the court
Whether a petitioner who absconded abroad while on bail can be granted bail in a Criminal Miscellaneous case.
Whether the High Court should exercise its inherent powers under Section 482 CrPC to grant bail instead of directing approach to the trial court.
2 provisions across 2 enactments
KRISHNAKUMAR @ KISHORE
STATE OF KERALA
V.K. MOHANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
