Firoz Khan vs State Of Kerala

Kerala High Court

Firoz Khan vs State Of Kerala on 3 May, 2024

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MR. JUSTICE G.GIRISH
   FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
                  CRL.MC NO. 3969 OF 2024
   CRIME NO.529/2010 OF ALAPPUZHA NORTH POLICE STATION,
                           ALAPPUZHA
  LP NO.27 OF 2017 OF CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA
PETITIONER/ACCUSED NO.2:

         FIROZ KHAN
         AGED 44 YEARS
         S/O. LATE SHAMSUDHEEN, KALARICKAPPARAMBIL HOUSE,
         NETTOOR P.O., MARADU VILLAGE, KANAYANUR TALUK,
         ERNAKULAM DISTRICT, PIN - 682 304.

         BY ADVS.
         P.MOHAMED SABAH
         LIBIN STANLEY
         SAIPOOJA
         SADIK ISMAYIL
         R.GAYATHRI
         M.MAHIN HAMZA
         RAYEES P.
         ALWIN JOSEPH
         BENSON AMBROSE


RESPONDENTS/ STATE AND COMPLAINANT:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

    2    THE STATION HOUSE OFFICER
         NORTH POLICE STATION ALAPPUZHA, ALAPPUZHA P.O,
         ALAPPUZHA DISTRICT,PIN - 688 012.

         BY ADV
         MAYA M.N., PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No. 3969 of 2024
                                  2

                              ORDER

Dated this the 3rd day of May, 2024 The petitioner is the accused No.2 in L.P.No.27 of 2017 of Chief Judicial Magistrate Court, Alappuzha, a case relating to the commission of offence under Sections 420 and 120 B of the Indian Penal Code.

2. The learned counsel for the petitioner would contend that a non-bailable warrant is pending against the petitioner, and that he apprehends remand to judicial custody upon surrender before the Trial Court.

3. Heard the learned Public Prosecutor representing the respondent.

4. The offence alleged against the petitioner is non- bailable. However, the learned Magistrate is expected to take into account the law laid down by this Court in Biju S Praveen v. State of Kerala and another [2007 (2) KLT 280], when the accused surrenders before the said Court and seeks bail. It is made clear that the learned Magistrate is not expected to refuse bail unless there are clear circumstances pointing to the contumacious conduct and deliberate act on the part of the accused to subvert the cause of justice. Crl.M.C. No. 3969 of 2024 3 Needless to say that the learned Magistrate is not expected to mechanically deny bail and remand the accused to custody for the sole reason that a non- bailable warrant is pending against him. With the above observations, the petition is disposed of as follows :

i. Petitioner shall surrender before the learned Magistrate within 30 days from today. ii. Upon such surrender, the Bail application, if any filed by the petitioner shall be considered and disposed of on the same day, bearing in mind the principles laid down by this Court in Biju Praveen v. State of Kerala cited supra. iii. In the meanwhile there shall not be any coercive steps against the petitioner for securing his presence before the Trial Court.

Sd/-

G. GIRISH JUDGE SRU Crl.M.C. No. 3969 of 2024 4 APPENDIX OF CRL.MC 3969/2024 PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE PROCEEDINGS DATED 30.11.2022 IN CC NO.209/2010 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT- ALAPPUZHA PUBLISHED IN THE OFFICIAL WEBSITE OF E- COURTS. Annexure 2 TRUE COPY OF THE PROCEEDINGS DATED 23.12.2017 IN CC NO. 159/2015 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT- ALAPPUZHA PUBLISHED IN THE OFFICIAL WEBSITE OF E- COURTS. Annexure 3 TRUE COPY OF THE JUDGMENT DATED 23.04.2024 IN CRL.M.C NO. 3820/2024 PASSED BY THIS HON'BLE COURT.