This Criminal Miscellaneous case involved an individual apprehending judicial remand upon surrender. The High Court, noting its earlier order directing the applicant to approach the Magistrate for regular bail deemed a further direction unnecessary and closed the current proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937
Crl.MC.No. 7686 of 2015 ()
AGAINST THE ORDER IN CP 54/2015 of J.M.F.C.,THIRUVALLA CRIME NO. 2558/2015 OF THIRUVALLA POLICE STATION , PATHANAMTITTA
PETITIONER(S)/ACCUSED NO.2:
---------------------------
RAJAN P.R. AGED 48 YEARS S/O.SARASAMMA, KEEZHMAANCHERIYIL PADINJATTETHIL PADINJATTUSSERY, KAVIYOOR P.O., THIRUVALLA.
BY ADV. SRI.S.DHEERENDRAKUMAR
RESPONDENT(S):
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULA, PIN-682 031.
BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7686 of 2015 () ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------ANNEXURE-A. A TRUE COPY OF THE ORDER DATED 20/11/2015 OF THE HONOURABLE HIGH COURT OF KERALA IN BA NO.6942/2015. ANNEXURE-B. A TRUE COPY OF THE INFORMATION FURNISHED BY THE JFCMC, THIRUVALLA DATED 24/11/2015.
RESPONDENT(S)' EXHIBITS NIL -----------------------
//TRUE COPY//
P.A TO JUDGE
vdv
P.UBAID, J.
====================== Crl. M.C No.7686 of 2015
==========================
Dated this the 9th day of December, 2015
ORDER
The petitioner herein is the second accused in C.P No.54/2015 of the Judicial First Class Magistrate Court, Thiruvalla.
He apprehended remand to judicial custody in case he surrendered before the learned Magistrate. It is not known whether there is any warrant of arrest against him from the court. What he seeks in this proceeding is a direction to the court below to consider and dispose of his application for regular bail on the date of filing itself, on surrender. I find that such a direction is not necessary in this case. Annexure A order shows that the petitioner had earlier approached this Court under Section 438 of the Code of Criminal Procedure. In the said proceeding this Court observed that the petitioner can very well approach the appropriate court and move for regular bail. Such an observation was made when the learned Public Prosecutor submitted that the police has submitted final report in the crime. Now the matter is pending before the committal court as C.P No.54/2015. It is not known how or why the petitioner apprehends remand to judicial custody. Anyway this Court has already observed
Crl.M.C No.7686/2015
2
in the order dated 20.11.2015 in B.A No.6942/2015 that the petitioner can very well approach the learned Magistrate and make application for regular bail. When such a direction is already there, a further direction is not necessary. This Crl.M.C is accordingly
closed.
vdv
1 issue framed by the court
Whether a direction to the magistrate to consider bail immediately on surrender is necessary after the High Court had already directed the applicant to approach the magistrate for regular bail.
RAJAN P.R.
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
