High Court of Kerala allowed criminal miscellaneous petition seeking permission for accused to surrender and directing trial court to consider bail application on date of surrender, noting no prejudice to prosecution due to delayed summons service.
Permission granted for petitioners to surrender before trial court with advance notice to 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
TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942
Crl.MC.No.1265 OF 2021(G)
IN CC 1996/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, NEDUMANGAD
CRIME NO.671/2014 OF Vattiyoorkavu Police Station , Thiruvananthapuram
PETITIONERS/ACCUSED NOS.1 AND 2:
1 SAJEEV, AGED 50 YEARS S/O THANKAMANI, KARALIYIL BHAVANAM, SAKTHIKULANGARA VILLAGE, MEENATHU CHERRY, KAVANADU P.O., KOLLAM DISTRICT-691003.
2 ANITHA, AGED 35 YEARS D/O VASANTHA,
KANJIVILAKAM MELE PUTHEN VEEDU, NARUVAMOODU, PALLICKAL VILLAGE, PALLICKAL P.O., KOLLAM DISTRICT-691566.
BY ADV. SRI.M.RAJESH
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
SRI.HRITHWICK.C.S, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Dated this the 9th day of March 2021
Petitioners are the accused in Crime No. 671/2014 registered at the Vattiyoorkavu Police Station for offences punishable under Sections 420 IPC and Sections 3, 4 and 11 of the Kerala Chitties Act, 1982. The matter is now pending as C.C.No.1996/2014 on the files of the Judicial First Class Magistrate Court II, Nedumangad. This Crl.M.C is filed seeking permission to surrender before the trial court and to move an application for bail and to direct the trial court to consider the bail application on the date of surrender.
2 . The learned counsel for the petitioners submits that the petitioners were enlarged on bail during the crime stage and their failure to appear before the trial court was only for the reason of the summons not having been served on them. Copy of the B diary proceedings of the trial court shows that, after repeating the summons on two occasions, the trial court proceeded to issue non bailable warrant
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against the petitioners. The proceedings also show that the case is being adjourned on notification from 27.3.2017 onwards. In such circumstances, no prejudice will be caused to the prosecution by granting the limited relief sought.
In the result, this Crl.M.C is disposed of permitting the petitioners to surrender before the Judicial First Class Magistrate Court II, Nedumangad in C.C.No.1996/2014 with advance notice to the Public Prosecutor. In such event, the learned Magistrate shall consider the bail application on the date of surrender and pass appropriate orders thereon on the same day.
Sd/-
V.G.ARUN
JUDGE
ab
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-1
CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.671/2014 OF VATTIYOORKAVU POLICE STATION.
RESPONDENTS EXHIBITS: NIL
2 issues framed by the court
Whether to permit accused to surrender before the trial court and direct bail consideration.
Whether late summoning caused prejudice to the prosecution requiring refusal of surrender.
Sajeev
Anitha
State of Kerala
V.G.Arjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
