The High Court granted liberty to the accused petitioner to surrender at the trial court to file a bail application for Section 376 IPC and Scheduled Caste atrocities charges.
Liberty to surrender to the Judicial First Class Magistrate Court, Kodungaloor to file a bail application with notice to the Public Prosecutor.
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 V.G.ARUN
FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942
Crl.MC.No.3683 OF 2020(A)
AGAINST THE ORDER IN LPR 163/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KODUNGALLUR
CRIME NO.608/2009 OF Kodungallur Police Station , Thrissur
PETITIONER/ACCUSED:
ANEESH KUMAR AGED 31 YEARS S/O. ASHOKAN, KIZHAKKETHAIYYIL HOUSE, ADICHILLY DESOM, MELOOR VILLAGE, THRISSUR DISTRICT 680 311
BY ADVS.
SRI.P.K.VARGHESE SMT.SANJANA RACHEL JOSE
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Petitioner is the accused in Crime No.608/2009 of Kodungaloor Police Station, for the offence punishable under Section 376 of IPC and Section 3(1) (xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, now pending as LPR No.163/2011 on the files of the Judicial First Class Magistrate Court, Kodungaloor. The limited prayer in this Criminal M.C. is for a direction to the trial court to consider the application for bail to be moved by the petitioner on his surrendering before the court. The learned Counsel for the petitioner submits that the petitioner was abroad when the crime was registered and hence, he was not able to appear before the court. It is submitted that subsequently, there was settlement talk between the families of the petitioner and the de facto complainant, which ultimately did not fructify. That is pointed out as the
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reason for petitioner’s failure to appear before the
trial court during the subsequent stage also.
to bring to the notice of the trial court at the stage of consideration of his bail application.
The Criminal M.C.is hence disposed of granting liberty to the petitioner to surrender before the Judicial First Class Magistrate Court, Kodungaloor in L.P.No.163/2011 with a proper application for bail with advance notice to the Public Prosecutor concerned. In such event, the learned Magistrate shall consider the bail application and pass appropriate orders, in accordance with law, after taking into consideration all relevant factors.
Sd/V.G.ARUN JUDGE
SB/18/09/2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1
A TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE IN CRIME NO. 608/2009 KODUNGALOOR POLICE STATION.
// true copy //
P.A to Judge
2 issues framed by the court
Whether the petitioner can be granted liberty to surrender before the trial court to file a bail application.
The implications of advance notice to the Public Prosecutor while allowing surrender.
2 provisions across 2 enactments
Anesh Kumar
State of Kerala
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
