Disposed

Susheela v. State of Kerala

Kerala HC18 Mar 2014Crl.MC/1706/2014

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Judicial First Class Magistrate, Sasthamcotta, to consider and dispose of the petitioner's bail application on the date of her surrender in the pending case under the Abkari Act, addressing her apprehension regarding delay.

What did the court decide?

Directed the Judicial First Class Magistrate, Sasthamcotta, to consider and dispose of the bail application on the date of the petitioner's surrender.

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

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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

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Crl.MC.No. 1706 of 2014 ()

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CP. NO.130/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA. CRIME NO. 194/2009 OF SASTHAMCOTTA EXCISE RANGE, KOLLAM DISTRICT.

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PETITIONER/ACCUSED:

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SUSHEELA, AGED 50 YEARS, D/O. KARTHYAINI, PUTHENPURA PADINJATTATHIL, KADAPPA THEKKU MURI, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT.

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BY ADV. SRI.P.V.DILEEP.

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SMT.S. HYMA.

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

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rs.

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K. Ramakrishnan, J.

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============================== Crl.M.C.No.1706 of 2014

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

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O R D E R

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This is an application filed by the petitioner who is the accused in C.P.No.130/13 (Crime No.194/09 of Sasthamcotta Excise Range) on the files of Judicial First Class Magistrate, Sasthamcotta, to issue a direction to the magistrate to consider the bail application under Section 482 of Code of Criminal Procedure.

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It is alleged in the petition that petitioner is the accused in Crime No.194/09 of Sasthamcotta Excise Range now pending before the Judicial First Class Magistrate Court, Sasthamcotta as C.P.No.130/13 alleging offences under Section 55(i) of the Abkari Act. She has not committed any offence and she is innocent of the same. The apprehension of the petitioner is that, if she surrenders before the concerned court, her bail application will not be considered on the same date and she will be remanded to custody. So, she has no other remedy except to approach this court seeking the following relief:

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“ i) To issue a direction to the Judicial First Class Magistrate Court, Sasthamcotta to consider the petitioner's bail application on the date of surrender itself and

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Crl.M.C.No.1706 of 2014 : 2 :

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ii) To consider the petitioner's bail application in the light of Sukumari Vs State of Kerala (2001 (1) KLT 22) and; Sreekumar Vs State of Kerala (2008 (3) KLT 748”

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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.

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

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It is an admitted fact that petitioner is an accused in C.P.No.130/13 pending before Judicial First Class Magistrate Court, Sasthamcotta, which was originated on the basis of Crime.No.194/2009, registered by Sasthamcotta Excise Range alleging offences under Section 55(i) of Abkari Act. It is also an admitted fact that the petitioner has not obtained bail during crime stage. The investigation is completed and final report has been filed and it is pending before Judicial First Class Magistrate Court, Sasthamcotta as C.P.No.130/13. The only

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Crl.M.C.No.1706 of 2014 : 3 :

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apprehension of the petitioner is that, if she surrenders before the court below, her bail application will not be considered on the same day. But, the apprehension appears to be not genuine, as the courts are expected to dispose of the ball applications if any filed by the accused as far as possible on the same day of filing of the application itself unless there are compelling circumstances warrant the courts to postpone the same to a future date. However, considering the apprehension expressed in the petition, this court feels that the petition can be disposed of as follows:

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If the petitioner surrenders before the Judicial First Class Magistrate Court, Sasthamcotta and moves for bail in C.P.No.130/13 (Crime No.194/09 of Sasthamcotta Excise Range), 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.

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With the above direction and observation, the petition is

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disposed of. Office is directed to communicate this order to the concerned court immediately.

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Sd/- K.Ramakrishnan, Judge.

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[True copy]

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P.A to Judge

Susheela v. State of Kerala

Case brief

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Susheela v. State of Kerala

Case brief

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