Disposed

Semil Kumar v. State of Kerala

Kerala HC18 Mar 2014Crl.MC/1703/2014

Case brief

AI extract

What is this about?

In Crl.MC.No.1703 of 2014, the Kerala High Court directed the concerned magistrate to recall a long pending warrant and consider the applicant's bail application on the date of his surrender, addressing his apprehension regarding the disposal of the bail request.

What did the court decide?

Direction to the learned magistrate to recall the long pending warrant and consider and dispose of the bail application on the date of filing itself.

Semil Kumar Vs State of Kerala — Bail and Remand | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

¶4

TUESDAY, THE 18TH DAY OF MARCH 2014/27TH PHALGUNA, 1935

¶5

Crl.MC.No. 1703 of 2014 ()

¶6

CC.NO. 1742/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTTARAKKARA CRIME NO. 241/2005 OF POOYAPALLY POLICE STATION, KOLLAM

¶7

PETITIONER/ACCUSED :

¶8

SEMIL KUMAR, S/O. MURALIDHARAN, 32 YRS., SPERMARKET, SENTHIL KUMAR SADANAM, VELIYAM WEST, VELIYAM KOLLAM.

¶9

BY ADV. SRI.SYAM J. SAM

¶10

RESPONDENT :

¶11

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.

¶12

BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P.

¶13

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

¶15

K. Ramakrishnan, J.

¶16

==============================

¶17

Crl.M.C.No.1703 of 2014

¶18

============================== Dated this, the 18^th day of March, 2014.

¶19

O R D E R

¶20

This is an application filed by the accused in C.C.No.1742/10 (Crime No.241/05 of Pooyapally Police Station) on the file of the Judicial First Class Magistrate Court No-II, Kottarakara, seeking a direction to be given to consider his bail application under Section 482 of Code of Criminal Procedure.

¶21

It is alleged in the petition that he is one of the accused in C.C.No.1742/10 on the file of the Judicial First Class Magistrate Court No-II, Kottarakkara, which was originated on the basis of a crime registered as Crime No.241/05 of Pooyapally Police Station alleging offences under Section 448, 422 read with Section 34 of Indian Penal Code and Section 3 of Prevention of Destruction of Public Property Act. After investigation, final report was filed and the case was taken on file as C.C.No.1212/05. He was on bail in crime stage and since he got some employment, he went abroad. So, he could

¶22

Crl.M.C.No.1703 of 2014 : 2 :

¶23

not participate in the trial and his bail was cancelled and the case was transferred to register of long pending cases and warrant is pending against him. He apprehends that, if he surrenders before the court below, he will be remanded and his

¶24

bail application will not be considered on that day. So, he has no other remedy except to approach this court seeking the following relief:

¶25

“ To pass an order directing the Judicial First Class Magistrate Court II, Kottarakara to recall the long pending warrant and to consider the bail application moved on behalf of the petitioner while surrendering and release the petitioner on bail on the date of surrender itself in CC 1742/2010.”

¶26

3. Considering the nature of relief claimed in the

¶27

petition, this court felt that this can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor.

¶28

The Counsel for the petitioner submitted that, if the

¶29

petitioner surrenders before the court below, his bail application will not be considered and he will be remanded to custody. Unless a direction is given, the magistrate will not pass orders in the bail application on the same date of

¶30

Crl.M.C.No.1703 of 2014 : 3 :

¶31

surrender itself. The application was opposed by the Public Prosecutor.

¶32

It is an admitted fact that the petitioner was an accused in Crime No.241/05 and after investigation, final report was filed and it was taken on file as C.C.No.1212/05 earlier by the Judicial First Class Magistrate Court No-II, Kottarakara, and some of the accused were tried and acquitted. Since this petitioner did not appear, case against him was split up and refiled as C.C.No.1742/10 and since he did not appear, after complying with the formalities, the case was transferred to register of long pending cases by the learned magistrate and L.P warrant is issued against him and it is pending against him. It is at this stage that he came to this court seeking a direction.

¶33

The apprehension of the petitioner is that, if he

¶34

surrenders before the court below and seeks for bail, his bail application will not be considered by the court on the same day is not genuine because, courts are expected to dispose of the bail application on the date of filing of the application itself as far as possible unless there are compelling circumstances warrant the court to postpone the disposal of the bail

¶35

Crl.M.C.No.1703 of 2014 : 4 :

¶36

application to a future date. So, in fact, there is no necessity to issue any direction as sought for in the petition. However, considering the apprehension expressed in the petition, this court feels that the petition can be disposed of as follows:

¶37

If the petitioner surrenders before the Judicial First Class Magistrate No-II, Kottarakkara, and moves for recalling the warrant and release him on bail in Crime No.241/05 of Pooyapally Police Station, which is now pending before that court as long pending case, then, the learned magistrate is directed to consider and dispose of those applications filed by the petitioner after hearing the Assistant Public Prosecutor of that court in accordance with law as far as possible on the date of filing of the application itself.

¶38

With the above direction and observation, the petition is disposed of. Office is directed to communicate this order to the concerned court immediately.

¶39

Sd/-

¶40

K.Ramakrishnan, Judge.

¶41

¶42

[True copy]

¶43

P.A to Judge

Semil Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Semil Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

O.N.Shila Vs State of Kerala

George Kutty Vs Rajesh.M.P

Akhil Vs State of Kerala

Santha Vs the Excise Inspector

Susheela Vs State of Kerala

B.Kanakamma Kunjamma Vs State of Kerala