Kerala High Court
Salim Thayyil @ Renjith Salim vs State Of Kerala on 25 October, 2023
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 25TH DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945
CRL.MC NO. 6292 OF 2023
AGAINST THE ORDER/JUDGMENT LP 67/2016 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,PALA
PETITIONER/S:
SALIM THAYYIL @ RENJITH SALIM
AGED 68 YEARS
S/O G.A.THAYYIL, RESIDING AT THAYYIL HOUSE, P.O.
MOOLANKAVU, S.BATHERY WAYANAD, PIN - 673592
BY ADVS.
VARGHESE C.KURIAKOSE
SUSANTH SHAJI
ALBIN A. JOSEPH
AMRITHA.J
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA ERNAKULAM, KOCHI, PIN - 682031
2 PRASAD KUMAR. K.S.
AGED 53 YEARS
S/O SIVARAMAN NAIR, KOTTARATHIL HOUSE, VELLIYEPPILLY
KARA, MEENACHIL VILLAGE, MEENACHIL TALUK, KOTTAYAM
DISTRICT, PIN - 686574
SRI.HRITHWIK CS, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.10.2023, ALONG WITH Crl.MC.6340/2023, 6343/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 25TH DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945
CRL.MC NO. 6340 OF 2023
AGAINST THE ORDER/JUDGMENT LP 13/2015 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,PALA
PETITIONER/S:
SALIM THAYYIL @ RENJITH SALIM
AGED 68 YEARS
S/O G.A.THAYYIL, RESIDING AT THAYYIL HOUSE P.O.
MOOLANKAVU, S.BATHERY WAYANAD, PIN - 673592
BY ADV VARGHESE C.KURIAKOSE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA ERNAKULAM, KOCHI, PIN - 682031
2 T.O. VARGHESE
AGED 73 YEARS
S/O OUSEPH, MATTATHIL HOUSE, KOZHUVANAL KARA,
PULIYANNUR VILLAGE, MEENACHIL TALUK, KOTTAYAM
DISTRICT, PIN - 686575
SRI.HRITHWIK CS, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.10.2023, ALONG WITH Crl.MC.6292/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 25TH DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945
CRL.MC NO. 6343 OF 2023
AGAINST THE ORDER/JUDGMENT LP 16/2015 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,PALA
PETITIONER/S:
SALIM THAYYIL @ RENJITH SALIM
AGED 68 YEARS
S/O G.A.THAYYIL, RESIDING AT THAYYIL HOUSE, P.O.
MOOLANKAVU, S.BATHERY WAYANAD, PIN - 673592
BY ADV VARGHESE C.KURIAKOSE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA ERNAKULAM, KOCHI, PIN - 682031
2 ROY LUKOSE,
AGED 56 YEARS
S/O LUKA, PUTHENPURAYIL HOUSE, WAYALAR KARA, ELAKKADU
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN -
686587
SRI.HRITHWIK CS, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.10.2023, ALONG WITH Crl.MC.6292/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 25TH DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945
CRL.MC NO. 6413 OF 2023
AGAINST THE ORDER/JUDGMENT LP 14/2015 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,PALA
PETITIONER/S:
SALIM THAYYIL @ RENJITH SALIM
AGED 68 YEARS
S/O G.A.THAYYIL, RESIDING AT THAYYIL HOUSE, P.O.
MOOLANKAVU, S.BATHERY WAYANAD, PIN - 673592
BY ADV VARGHESE C.KURIAKOSE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA ERNAKULAM, KOCHI, PIN - 682031
2 SHANTI MATHEW,
AGED 53 YEARS
W/O GEORGE, MUDIYIL HOUSE, PERUNTHANAM KARA, UZHAVOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN -
686634
BY ADVS.
Anil Prasad
MANJU PAUL(K/362/1998)
C.N.SREEKUMAR(K/716/1996)
SABU P.JOSEPH(K/1406/1998)
BEYON T. VARGHESE(K/2609/2021)
TONY GEORGE THOMAS(K/818/2020),ARYA K.K.(K/1275/2022)
SRI.HRITHWIK CS, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.10.2023, ALONG WITH Crl.MC.6292/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 5
P.V.KUNHIKRISHNAN, J
---------------------------------------
Crl.M.C. Nos. 6340, 6292,
6343 & 6413 of 2023
--------------------------------------
Dated this the 25th day of October, 2023
ORDER
When these Crl.M.C.s came up for consideration, after
arguing for some time, the counsel for the petitioner submitted
that petitioner may be allowed to surrender before the court
concerned and there may be a direction to consider the bail
application on the same day. The petitioner apprehend that he
will be remanded if he surrender before the trial court.
2. The petitioner submit that the petitioner is ready to
surrender before the jurisdictional court and if he surrender
before the jurisdictional court, jurisdictional court may remand
him without considering his bail application.
3. The Public Prosecutor submitted that no such
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 6
apprehension is necessary and this court may not pass any
direction to the lower court to release the petitioner on bail and
that is a matter to be decided by the trial court.
4. This court in Vineeth Somarajan @ Ambadi v.
State of Kerala and another (2009 (3) KHC 471) relied on
the dictum laid down by another learned Single Judge in Biju S.
Praveen v. State of Kerala and Another (2007 (2) KLT 280)
considered this point. It will be better to extract the relevant
portion of Vineeth Somarajan's case (supra).
"14. The apprehension of the petitioner is that if he appears
before the Trial Court, he would be remanded to judicial
custody. In Biju v. State of Kerala, 2007 KHC 3436 : 2007 (2)
KLT 280 : 2007 (1) KLJ 713 : ILR 2007 (2) Ker. 26 : 2007 (1)
KLD 486, Justice A. K. Basheer, after noticing the practice that
is being followed by some learned Magistrates (vide paragraph
16) held at paragraph 18 thus:
8. As mentioned earlier, Criminal Courts should
always be careful while passing orders on bail
applications which in effect deal with personal liberty.
In cases where the Court decides to send an accused to
custody pending trial, it must be ensured that the Court
applies its mind judicially and judiciously with particular
reference to the facts and circumstances of the case.
The mere fact that the accused had failed to respond to
a summons or that the Court had to issue non bailable
warrant to compel his presence will not ipso facto
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 7
empower the Criminal Court to remand the accused to
custody as a punitive measure when he appears before
the Court on his own volition or is produced in
execution of the warrant. The bail application that may
be moved on his behalf has to be considered and orders
should be passed on the same day itself since personal
liberty of an accused cannot be curtailed in a whimsical
or disdainful manner.' I am in respectful agreement
with the dictum laid down in Biju v. State of Kerala."
5. In the light of the above dictum laid down by this
court, I think the apprehension of the petitioner that the
jurisdictional court will remand the accused without application
of mind is unnecessary.
Therefore, these Criminal Miscellaneous Cases are disposed
of with the following directions:
1) The petitioner shall surrender before the jurisdictional
court within three weeks from today. If an application for
bail with advance copy to the prosecutor concerned is filed
at the time of surrender by the petitioner, the jurisdictional
court shall consider the same and pass appropriate orders
in accordance with law, ideally on the date of surrender
itself.
2) In order to enable the petitioner to appear before the
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 8
court below, coercive proceedings pending against the
petitioner shall be kept in abeyance for a period of three
weeks.
3) All the contentions of the petitioner in these cases are
left open.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 9
APPENDIX OF CRL.MC 6340/2023
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOSTAT COPY OF THE COMPLAINT IN
S.T.NO.1466/2009 ON THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, PALA
Annexure A2 TRUE PHOTOSTATE COPY OF THE ORDER DATED
30.03.2012 IN I.P. NO.07/2009 SUB COURT
PALA
Annexure A3 TRUE PHOTOSTAT COPY OF THE FINAL REPORT
DATED 22.04.2009 IN CRIME NO.235/2009 PALA
POLICE STATION
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 10
APPENDIX OF CRL.MC 6343/2023
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOSTAT COPY OF THE COMPLAINT IN
S.T.NO.1456/2009 ON THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, PALA
Annexure A2 TRUE PHOTOSTATE COPY OF THE ORDER DATED
30.03.2012 IN I.P. NO.07/2009 SUB COURT
PALA
Annexure A3 TRUE PHOTOSTAT COPY OF FINAL REPORT DATED
22.04.2009 IN CRIME NO.235/2009 PALA
POLICE STATION
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 11
APPENDIX OF CRL.MC 6413/2023
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOSTAT COPY OF THE COMPLAINT IN
S.T.NO.1451/2009 ON THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, PALA DATED
13.07.2009
Annexure A2 TRUE PHOTOSTATE COPY OF THE ORDER DATED
30.03.2012 IN I.P. NO.07/2009 SUB COURT
PALA
Annexure A3 TRUE PHOTOSTAT COPY OF FINAL REPORT DATED
22.04.2009 IN CRIME NO.235/2009 ON THE
FILES OF PALA POLICE STATION
CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 12
APPENDIX OF CRL.MC 6292/2023
PETITIONER ANNEXURES
Annexure 1 TRUE PHOTOSTAT COPY OF THE COMPLAINT IN
S.T.NO.1431/2009 ON THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, PALA DATED
09.07.2009
Annexure 2 TRUE PHOTOSTATE COPY OF THE ORDER DATED
30.03.2012 IN I.P. NO.07/2009 SUB COURT-I,
PALA
Annexure 3 TRUE PHOTOSTAT COPY OF FINAL REPORT. DATED
22.04.2009 IN CRIME NO.235/2009 , PALA
POLICE STATION
