Dismissed

Saravanan v. State of Kerala

Kerala HC13 Jun 2014Crl.MC/2980/2014

Case brief

AI extract

What is this about?

The High Court of Kerala rejected the petitioner's request to lift the condition restricting him from leaving Kerala, citing his past bail jump. However, it directed the CBI to supply missing documents for Section 207 Cr.P.C. compliance within ten days to expedite the committal process.

What did the court decide?

Condition to not leave Kerala was not lifted; CBI directed to supply Section 207 documents within 10 days for speedy committal.

Saravanan Vs State of Kerala — Cheating and Forgery | 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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FRIDAY, THE 13TH DAY OF JUNE 2014/23RD JYAISHTA, 1936

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Crl.MC.No. 2980 of 2014

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C.M.P.NO.1480/14 IN CP NO.01/14 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM

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PETITIONER/ACCUSED NO.15:

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SARAVANAN, PERAMBANOOR, FOUR ROADS, OPPOSITE MITHILA LODGE ROAD, SALEM - 7.

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BY ADVS.SRI.B.S.SWATHY KUMAR SRI.REMYA MURALI SRI.A.K.RAJESH SRI.VENKATESH GOPI

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH THE DEPUTY SUPERINTENDENT OF POLICE, C.B.I SPECIAL BRANCH, KOCHI - 682 031.

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*ADDL.R2 IMPLEADED:

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R2. CBI, SPECIAL BRANCH,

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KOCHI - IS SUO-MOTU IMPLEADED AS ADDL.R2 AS PER ORDER DATED 04/06/2014 IN CRL.M.C.NO.2980/2014.

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R1 BY PUBLIC PROSECUTOR SMT.S.HYMA R2 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, C.B.I.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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Crl.MC.No. 2980 of 2014

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APPENDIX

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PETITIONER(S)' ANNEXURE:

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ANNEXURE A : TRUE COPY OF THE ORDER IN CMP NO.1480/2014 IN CP NO.01/14 DATED 07.05.2014 OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.

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RESPONDENT(S)' ANNEXURES:

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-----------------------------------------------N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

K. RAMAKRISHNAN, J.

-----------------------------------------------------------------Crl. M.C. No.2980 of 2014

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------------------------------------------------------------------------Dated this the 13^th day of June, 2014

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O R D E R

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This criminal miscellaneous case is filed by the petitioner, who is the 15^th accused in C.P.No.1/2014 challenging the conditions imposed in C.M.P.No.1480/2014 under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code').

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It is alleged in the petition that, the petitioner is the 15^th accused in Cr.R.C.No.16/S/2004, alleging commission of the offences under Section 318, 457, 411, 120(b) read with Section 34 of the Indian Penal Code along with 34 other accused persons. Though the petitioner was earlier arrested and released on bail, due to some reason, he could not appear in court. So his bail was cancelled and non-bailable warrant issued against him. Later he was arrested and produced before court. Thereafter final report was filed and the case has been

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Crl. M.C. No.2980 of 2014

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taken on file and pending as C.P.No.1/2014, before Chief Judicial Magistrate Court, Ernakulam. The petitioner filed C.M.P.No.1480/2014 for releasing him on bail and the same was allowed as per Annexure-A order with conditions interalia that, he should not leave state of Kerala without the permission of the court. This condition is being challenged by the petitioner and the petitioner filed this petition, seeking the following relief:

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“On these and other grounds that may be urged at the time of hearing, it is humbly prayed that this Hon'ble Court may be pleased to delete condition No.III in Annexure-A order in the alternate to direct the Chief Judicial Magistrate Court, Ernakulam to commit C.P.No.1/2014 to the CBI Court-I, Kochi and direction be issued to commence the trial and dispose off the same within 4 months in the interest of justice”.

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On the basis of the allegations made in the

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petition, this court has called for a report from the Chief

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Judicial Magistrate Court regarding the present stage of the case and the learned magistrate sent a report, which reads as follows:

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“In obedience to the above, I may submit that A15 - Sharavanan in C.P.1/2014 on the file of this court was arrested and produced before this court on 02.04.2014. Thereafter, A15 was enlarged on bail on 07.05.2014, in

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Crl. M.C. No.2980 of 2014

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fact, bond was not executed by A15, case was adjourned to 05.06.2014. It is disclosed that copy of final report and allied records are not in the case bundle for complying Sec.207 Cr.P.C., thereby copy was not served to A15 and case was adjourned to 18.06.2014, directing the prosecution side (CBI) to furnish sufficient copy of final report and allied records for complying Sec.207 Cr.P.C. Case stands posted to 18.06.2014.

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Reason for the delay in committing case is lack of copy of final charge and allied records”.

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Considering the nature of relief claimed in

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the petition, this court felt that the petition can be disposed of at the admission stage itself, after hearing the counsel for the petitioner and the learned Prosecutor for Central Bureau of Investigation (CBI) and considering the report of the Chief Judicial Magistrate.

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The counsel for the petitioner also submitted that, he is a man from Tamilnadu and he has no residence here. So it is very difficult for him to comply with the condition. Alternately, the counsel for the petitioner submitted that a direction may be given to the learned magistrate to complete the committal proceedings at the earliest.

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The learned Special Prosecutor for CBI

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Crl. M.C. No.2980 of 2014

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submitted that, he had jumped bail once and that was reason why severe conditions has been imposed. He has also undertaken that, he will direct the investigating agency to produce necessary documents sought for by the court to complete the committal proceedings.

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It is an admitted fact that, the petitioner was

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arrayed as 15th accused in C.P.No.1/2014 now pending before the Chief Judicial Magistrate Court, Ernakulam. This was originated on the basis of a case as Cr. No. R.C. 16/S/14, alleging offences under Section 318, 457, 411, 120 (b) read with Section 34 of the Indian Penal Code, on the basis of a complaint filed by the Forest Range Officer, against the petitioner and 34 others. The case was investigated by the Central Bureau of Investigation and after investigation final report was filed and is now pending as C.P.No.1/2014 before the Chief Judicial Magistrate Court, Ernakulam. It is also admitted in the petition itself that, the petitioner was arrested during crime stage and he was granted bail, but after the final report was filed, since

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Crl. M.C. No.2980 of 2014

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he did not appear, his bail was cancelled and non-bailable warrant was issued and thereafter he was arrested and produced before the court and when he filed Crl.M.P. No.1480/2014, learned magistrate allowed the bail application with following conditions:

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Bail is granted on executing a bond for

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Rs.50,000/- with two solvent sureties and like amount.

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Petitioner is directed to appear before this court

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on next posting date without fail.

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Petitioner shall not leave the State of Kerala

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without the permission of this court.

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Petitioner shall surrender his passport before

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this Court, until further orders.

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The petitioner is now challenging 3^rd

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condition imposed. Considering the fact that he jumped bail

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earlier and also to ensure his presence for completing the committal proceedings, it cannot be said that the condition imposed by the court below directing him not to leave State of Kerala without the permission of that court cannot be said to be harsh. So, I do not find any reason to modify that condition, considering the conduct of the petitioner in this matter. But this will not preclude the petitioner from applying for modification of that condition before the

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Crl. M.C. No.2980 of 2014

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Special Court or Sessions Court wherever the case will be committed and taken for trial, after his appearance before that court and that court considering the application and passing appropriate orders in accordance with law.

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As regards the alternate prayer is concerned, there is some force in the submission made by the counsel for the petitioner. It is seen from the report received from the Chief Judicial Magistrate that the committal proceedings could not be completed because copies of the final report and allied records were not produced by the investigating agency, so as to furnish the same to the accused under Section 207 of the Code of Criminal Procedure. So considering this aspect, this court feels that a direction can be given to the investigating officer, namely CBI, to furnish necessary documents for complying with the procedure under Section 207 of the Code of Criminal Procedure to furnish copies to the accused before the court below and after receipt of the same, complete the committal proceedings within a time frame and that will meet the ends

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Crl. M.C. No.2980 of 2014

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of justice. So the petition is disposed of as follows:

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(i) The petitioner is not entitled to get condition No.3 lifted at this stage, but the petitioner is at liberty to move for the same before the Sessions court or the Special Court where the case will be committed for trial to lift the condition before that court after his appearance before that court and that court is at liberty to consider and dispose of that application in accordance with law.

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(ii) The investigating agency namely CBI, Special Branch, Kochi, is directed to furnish the deficit documents, which is pointed out by the Chief Judicial Magistrate, which prevented the learned magistrate to supply the final report/documents required to be given to that accused under Section 207 of the Code of Criminal Procedure, within ten days from today and after receipt of those documents, the Chief

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Crl. M.C. No.2980 of 2014

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Judicial Magistrate is directed to expedite the committal proceedings, as expeditiously as possible, at any rate within one week from the date of getting the required documents, as directed by the Chief Judicial Magistrate from the investigating agency to comply with the procedure under Section 207 of the Code of Criminal Procedure.

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

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Hand over a copy of the order to the counsel for the petitioner as well as the Special Prosecutor for C.B.I for

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immediate compliance.

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Sd/K. Ramakrishnan, Judge

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// True Copy//

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P.A. to Judge

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Saravanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Saravanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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