Disposed

Sareesh v. State 0F Kerala

Kerala HC3 Dec 2020Crl.MC/3605/2020

Case brief

AI extract

What is this about?

The High Court permitted the petitioner, an accused in a Section 55(g) Abkari Act case, to surrender before the committal court. The court directed the Magistrate to consider the bail application on the date of surrender after hearing the Public Prosecutor, relying on the principle that committal courts can grant bail.

What did the court decide?

Permission granted for petitioner to surrender and move a bail application before the committal court (CP No.103 of 2020).

Sareesh Vs State 0F Kerala — Bail and Remand | Kerala HC (2020)

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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 V.G.ARUN

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THURSDAY, THE 03RD DAY OF DECEMBER 2020/12TH AGRAHAYANA, 1942

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Crl.MC.No.3605 OF 2020(A)

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CRIME NO.88/2019 OF Chalakkudy Excise Range Office , Thrissur

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PETITIONER:

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SAREESH

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AGED 37 YEARS S/O.SREENIVASAN, KAREEPATHRA HOUSE, ALAKKAPPILLY DESOM, MELOOR VILLAGE, CHALAKUDY TALUK.

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BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH

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RESPONDENT:

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STATE 0F KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crmc 3605/2020

V.G.ARUN, J.

=========================== Crl.M.C.No.3605 of 2020

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=========================== Dated this the 3^rd day of December, 2020

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ORDER

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Petitioner is accused in Crime No.88 of 2019 of Chalakudy Excise Range Office alleging commission of offence under Section 55(g) of the Abkari Act. The investigation in the case is complete and final report has been filed. The matter is presently pending before the committal court as C.P.No.103 of 2020 on the files of Judicial First Class Magistrate Court, Chalakkudy. The petitioner was not arrested during the investigation stage and presently seeks for permission to appear before the committal court and for a direction to the Magistrate to consider the petitioner's bail application on the date of surrender.

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Learned counsel for the petitioner submits that even though offences alleged is exclusively triable by a Court of Session, going by the decision in Sukumari V State of Kerala

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(2001(1) KLT 22), the committal court is empowered to grant bail to the accused.

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Considering the relief sought, petitioner is permitted to surrender before the Judicial First Class Magistrate Court,

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Crmc 3605/2020

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Chalakkudy in connection with C.P.No.103 of 2020 and to move an application for bail, with advance notice to the Public Prosecutor concerned. In such event, learned Magistrate shall consider the bail application on the date of surrender and pass appropriate orders thereon, after hearing the Public Prosecutor also.

Sd/-

V.G.ARUN

JUDGE

lgk

Crmc 3605/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A THE TRUE COPY OF THE MAHAZAR PREPARED IN CRIME 88/2019 DATED 4.9.2019.

Sareesh v. State 0F Kerala

Case brief

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Sareesh v. State 0F Kerala

Case brief

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