Dr. P.C.Joseph vs State Of Kerala
2021 Latest Caselaw 8484 Ker

  Crl.MC.1552/21                    1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

    MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       Crl.MC.No.1552 OF 2021(D)

 AGAINST THE ORDER/JUDGMENT IN CP 1/2021 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -II, ALUVA

  CRIME NO.1236/2018 OF ELAMAKKARA POLICE STATION , Ernakulam


PETITIONER/S:

                DR. P.C.JOSEPH
                AGED 76 YEARS
                S/O. CHACKO, PUNNOLIKUNNEL AJO BHAVAN HOUSE, ILAM
                DESOM, AALAKODDU VILLAGE, IDUKKI (DIST). PIN-685
                588.

                BY ADVS.
                SRI.ANIL K.MOHAMMED
                SRI.B.S.SURAJ KRISHNA
                SRI.V.S.MANSOOR
                SMT.BINU K.B.
                SMT.YADUKRISHNAN N.

RESPONDENT/S:

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


OTHER PRESENT:

                PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
   Crl.MC.1552/21                      2


                               V.G.ARUN, J.
                -----------------------------------------------
                      CRL.M.C.No. 1552 of 2021
                -----------------------------------------------
               Dated this the 15th day of March, 2021

                                   ORDER

Petitioner is the 2nd accused in C.P.No.1 of 2021 pending before

the Judicial First Class Magistrate Court-II, Ernakulam, which originated

from Crime No.1236 of 2018 registered at the Elamakkara Police

Station for offences punishable under Sections 468, 471, 419, 420, 308

and 201 r/w 34 of IPC. The grievance of the petitioner is that, while

summons was issued to the other accused, non-bailable warrant has

been issued to the petitioner on the first instance itself. Hence, the

petitioner apprehends that, on appearance, the committal court may

deny bail to him. The prayer in this Crl.M.C is to permit the petitioner

to surrender before the jurisdictional court and to move an application

for bail and for a direction to the court to consider the bail application

on the date of surrender itself.

2. Taking into account the submission that non-bailable

warrant has been issued against the petitioner at the first instance, I

am inclined to grant the limited relief sought.

3. The Crl.M.C is hence disposed of, permitting the petitioner

to surrender before the Judicial First Class Magistrate-II, Ernakulam in

C.P.No.1 of 2021 and to submit an application for bail with advance

notice to the public prosecutor concerned. In such event, the learned

Magistrate shall consider the bail application on the date of surrender

and pass orders on the same day. In order to provide an opportunity

for the petitioner to surrender and seek bail, the non-bailable warrant

pending against him shall be kept in abeyance for a period of two

weeks.

The contention that, even though the offence is exclusively

triable by the Sessions Court, the committal court is empowered to

grant bail, can be urged before that court.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A PHOTOCOPY OF FINAL REPORT IN CRIME NO.1236 OF 2018 OF ELAMAKKARA POLICE STATION, PENDING AS C.P.NO.1 OF 2021 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- II, ALUVA.

ANNEXURE B SERIES PHOTOCOPY OF E-COURTS PROCEEDINGS ON 24.2.2021 & 10.3.2021 IN C.P.NO.1 OF 2021 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA.