Disposed

Ismail v. State of Kerala

Kerala HC23 Sept 2015Crl.MC/6301/2015

Case brief

AI extract

What is this about?

A criminal appellant sought directions to the lower court to consider his bail application on the date of surrender and recall a non-bailable warrant. The High Court dispensed with issuing specific directions but ordered the lower court to consider and dispose of the bail application on the date of filing itself upon surrender.

What did the court decide?

Direction to the lower court to consider and dispose of the bail application on the date of surrender as far as possible.

Ismail Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2015)

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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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WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937

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Crl.MC.No. 6301 of 2015 ()

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CP.NO. 15/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA CRIME NO. 1164/2014 OF SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT

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PETITIONER/ACCUSED :

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ISMAIL S/O. THANGAL KUNJU, AGED 34 YEARS KALEEKKAVADAKKATHIL, NEAR UMBOTTIMUKKU NORTH MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE KOLLAM DISTRICT.

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BY ADVS.SRI.K.SIJU

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SMT.S.SEETHA

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RESPONDENT/STATE :

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STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE SASTHAMCOTTA POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA.

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BY PUBLIC PROSECUTOR SMT. S. HYMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.RAMAKRISHNAN, J.

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=================== Crl.M.C.No.6301 OF 2015

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

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Dated this the 23^rd day of September, 2015

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ORDER

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This is an application filed by the accused in CP No. 15/2015 on the file of the Judicial First Class Magistrate Court Sasthamcotta to issue direction to the Magistrate to consider and dispose of the bail application under Section 482 of the Code of Criminal Procedure (herein after referred to as the Code).

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It is alleged in the petition that the petitioner was arrayed as an accused in Crime No.1164/2014 of Sasthamcotta Police Station alleging offences punishable under Section 55(i) of the Abkari Act. After investigation, final report was filed which is pending as CP No.15/2015 on the file of the Judicial First Class Magistrate Court Sasthamcotta. During crime stage, he was released on bail. He did not get any summons in the committal proceedings. It is understood that non-bailable warrant has been issued against him. He is prepared to surrender, but apprehends

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Crl.M.C.6301 OF 2015 2

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that if he surrenders, he will be remanded to custody without considering his bail application. So the petitioner has no other remedy except to approach this court seeking the following relief:

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“To consider and dispose the bail application of the petitioner on the day of his surrrender itself in C.P.15/2015 iand to direct the court below to recall the warrant issued against the petitioner.

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Considering the nature of relief claimed by the petitioner, this court feel that the petition can be disposed of at the admission stage after hearing the counsel for the petitioner and learned Public Prosecutor Smt. Hyma representing the respondent. The counsel for the petitioner submitted that the only apprehension is that if he surrenders, he will be remanded to custody and his bail application will not be considered. The application has opposed by the learned Public Prosecutor.

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Even as per the allegations in the petition, it is seen that he did not appear when final report was filed in Crime No.1164/2015 of Sasthacotta Police Station which is pending as CP.No.15/2015 before the Judicial First Class Magistrate Court, Sasthamcotta and non-bailable warrant is

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Crl.M.C.6301 OF 2015 3

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pending against him. The counsel for the petitioner submitted that since he did not receive summons in the case, he was not aware of that proceedings, but that is a matter to be considered by that court. The apprehension of the petitioner that if he surrenders, his bail application will not be considered and he will be remanded to custody is without any basis, as this court has in several cases of this nature expressly observed that there is a duty cast on the Presiding Officer of the criminal court to consider and dispose of the bail application if any filed by the accused on their surrender as far as possible on the date of filing itself. In view of such direction already given there is no necessity to issue any direction as claimed in the petition. However considering the apprehension raised by the counsel for the petitioner, 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's Court, Sasthamcotta in CP No.15/2015 (Crime No.1164/2014 of Sasthamcotta Police Station) pending before that court and moves for recalling the

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Crl.M.C.6301 OF 2015 4

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warrant and release him on bail, then the learned Magistrate is directed to consider and dispose of the bail application on the date of filing itself as far as possible after hearing the Assistant Public Prosecutor of that court in accordance with law.

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With the above directions and observations this

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petition is disposed of.

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K.RAMAKRISHNAN, JUDGE

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SKV

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The order dated 14.10.2015 in Crl.M.A. No.9831/2015 in Crl.M.C.No.6301/2015 modifying the final order dated 23.9.2015 in Crl.M.C.6301/2015 is appended.

Ismail v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ismail v. State of Kerala

Case brief

What is this about?

What did the court decide?

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