Disposed

Sarfas Navas C P v. State of Kerala

Kerala HC23 Feb 2022Crl.MC/654/2022

Case brief

AI extract

What is this about?

High Court of Kerala allowed an accused to surrender on notice and directed the trial court to consider a bail application on the same day, citing a Supreme Court dictum. The judgment also stayed coercive steps for ten days.

What did the court decide?

Deadline fixed for surrender with 10 days notice to prosecutor; bail application to be considered on same day as move; coercive steps stayed for 10 days.

Sarfas Navas C P Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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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.HARIPAL

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WEDNESDAY, THE 23^RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943

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CRL.MC NO. 654 OF 2022

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[LP NO.12/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,MANJERI & CRIME NO.121/2013 OF KALIKAVU POLICE STATION, MALAPPURAM DISTRICT]

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PETITIONER/ACCUSED:

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SARFAS NAVAS C P AGED 40 YEARS SON OF ALAVI, CHEMMALAPURAVAN HOUSE, CHAZHIYODE P.O, KALIKAVU, MALAPPURAM DISTRICT, PIN - 676525 BY ADV SOJAN MICHEAL

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, PIN - 682031

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OTHER PRESENT:

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SR.PP - SMT. SREEJA V.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.654 OF 2022

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:-2-:

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O R D E R

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Petitioner is the sole accused in Crime No.121 of 2013 of

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Kalikavu Police Station in Malappuram district where offence punishable under Section 420 IPC is alleged against the petitioner. Ever since the registration of the crime, the petitioner was absconding. After filing the final report, coercive steps including steps under Sections 82 and 83 Cr.P.C. were initiated against him and thus the case was transferred to the register of long pending cases and refiled as L.P.No.12/2015. Now the petitioner wants to surrender before Court and therefore, seeks direction to the Judicial First Class Magistrate Court, Manjeri to consider his application for bail on the same day of moving it.

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I heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

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Report was also called for from the Judicial First Class Magistrate Court, Manjeri wherein it is stated that the case against the petitioner is pending as L.P.No.12/2015. As the final report has

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Crl.M.C.No.654 OF 2022

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:-3-:

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already been laid and in the absence of overwhelming reasons, custodial trial may not be necessary. Therefore, the petitioner is at liberty to surrender before the Judicial First Class Magistrate Court, Manjeri after giving advance notice to the Public Prosecutor concerned within ten days from today. If he moves an application for bail, that shall be considered on the same day following the dictum in Siddarth v. State of Uttar Pradesh and another [2021(5) KHC 353(SC). Meanwhile, coercive steps initiated against the petitioner shall be kept in abeyance for a period of ten days.

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Crl.M.C. is disposed of as above.

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sd/-

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K.HARIPAL, Judge

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MBS/

Sarfas Navas C P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sarfas Navas C P v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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