Kerala High Court
Sudarshan vs State Of Kerala on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3790 OF 2024
CRIME NO.457/2002 OF KASABA POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.12 OF 2018 OF CHIEF
JUDICIAL MAGISTRATE, KOZHIKODE
PETITIONER(S)/ACCUSED:
SUDARSHAN
AGED 64 YEARS
CHILANKA HOUSE, KOTTULI P.O., NELLIKKODE, KOZHIKODE
DISTRICT, PIN - 673016
BY ADV. SHAJIN S.HAMEED
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV.SMT. SEETHA S., SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.04.2024, ALONG WITH CRL.MC.3752/2024, 3756/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. Nos.3790 of 2024 & connected cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3752 OF 2024
CRIME NO.457/2002 OF KASABA POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.6 OF 2018 OF
CHIEF JUDICIAL MAGISTRATE ,KOZHIKODE
PETITIONER(S)/ACCUSED:
SUDARSHAN
AGED 64 YEARS
CHILANKA HOUSE, KOTTULI P.O., NELLIKKODE,
KOZHIKODE DISTRICT., PIN - 673016
BY ADV. SHAJIN S.HAMEED
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV.SMT. SEETHA S., SENIOR PUBLIC
PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH CRL.MC.3790/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. Nos.3790 of 2024 & connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3756 OF 2024
CRIME NO.457/2002 OF KASABA POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.9 OF 2018 OF
CHIEF JUDICIAL MAGISTRATE ,KOZHIKODE
PETITIONER(S)/ACCUSED:
SUDARSHAN
AGED 64 YEARS
CHILANKA HOUSE, KOTTULI P.O., NELLIKKODE,
KOZHIKODE DISTRICT, PIN - 673016
BY ADV. SHAJIN S.HAMEED
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV.SMT. SEETHA S., SENIOR PUBLIC
PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH CRL.MC.3790/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. Nos.3790 of 2024 & connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3764 OF 2024
CRIME NO.457/2002 OF KASABA POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.8 OF 2018 OF
CHIEF JUDICIAL MAGISTRATE ,KOZHIKODE
PETITIONER(S)/ACCUSED:
SUDARSHAN
AGED 64 YEARS
CHILANKA HOUSE, KOTTULI P.O., NELLIKKODE,
KOZHIKODE DISTRICT, PIN - 673016
BY ADV. SHAJIN S.HAMEED
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, KERALA, PIN - 682031
BY ADV.SMT. SEETHA S., SENIOR PUBLIC
PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH CRL.MC.3790/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. Nos.3790 of 2024 & connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3767 OF 2024
CRIME NO.457/2002 OF KASABA POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.10 OF 2018 OF
CHIEF JUDICIAL MAGISTRATE ,KOZHIKODE
PETITIONER(S)/ACCUSED:
SUDARSHAN
AGED 64 YEARS
CHILANKA HOUSE, KOTTULI P.O., NELLIKKODE,
KOZHIKODE DISTRICT, PIN - 673016
BY ADV. SHAJIN S.HAMEED
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV.SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH CRL.MC.3790/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. Nos.3790 of 2024 & connected cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3768 OF 2024
CRIME NO.457/2002 OF KASABA POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.11 OF 2018 OF
CHIEF JUDICIAL MAGISTRATE ,KOZHIKODE
PETITIONER(S)/ACCUSED:
SUDARSHAN
AGED 64 YEARS
CHILANKA HOUSE, KOTTULI P.O., NELLIKKODE,
KOZHIKODE DISTRICT, PIN - 673016
BY ADV. SHAJIN S.HAMEED
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV.SMT. SEETHA S., SENIOR PUBLIC
PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH CRL.MC.3790/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. Nos.3790 of 2024 & connected cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3787 OF 2024
CRIME NO.457/2002 OF KASABA POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.13 OF 2018 OF
CHIEF JUDICIAL MAGISTRATE ,KOZHIKODE
PETITIONER(S)/ACCUSED:
SUDARSHAN
AGED 64 YEARS
CHILANKA HOUSE, KOTTULI P.O., NELLIKKODE,
KOZHIKODE DISTRICT., PIN - 673016
BY ADV. SHAJIN S.HAMEED
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM., PIN - 682031
BY ADV.SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH CRL.MC.3790/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. Nos.3790 of 2024 & connected cases
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3805 OF 2024
CRIME NO.139/1997 OF MUKKOM POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.37 OF 2005 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - II, THAMARASSERY
PETITIONER(S)/ACCUSED:
SUDARSHAN
AGED 64 YEARS
PROPRIETOR, CONCORD FINANCE LEASING COMPANY,
WHITE LINE BUILDING, KALLAI ROAD, KOZHIKODE,
RESIDING AT CHILANKA HOUSE, KOTTULI P.O.,
NELLIKKODE, KOZHIKODE DISTRICT., PIN - 673016
BY ADV. SHAJIN S.HAMEED
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV. SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH CRL.MC.3790/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. Nos.3790 of 2024 & connected cases
9
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. Nos.3790, 3787, 3752, 3767, 3768, 3764,
3756 & 3805 of 2024
----------------------------------------------
Dated this the 23rd day of April, 2024
ORDER
Theses Criminal Miscellaneous Cases are filed under
Section 482 of the Code of Criminal Procedure, 1973
("the Code" for the sake of brevity).
2. Petitioner, in these Criminal Miscellaneous
Cases, is the same. He is an accused in
L.P.Nos.12/2018, 13/2018, 6/2018, 10/2018, 11/2018,
8/2018, 9/2018 on the file of the Chief Judicial
Magistrate Court, Kozhikode & L.P.No.37/2005 on the file
of the Judicial First Class Magistrate Court-II,
Thamarassery. The above cases are charge sheeted
against the petitioner inter alia under Section 420 IPC.
The above cases are now included in the Long Pending
register and a warrant is also pending against the
Crl.M.C. Nos.3790 of 2024 & connected cases
petitioner.
3. The petitioner submits that, he is ready to
surrender before the jurisdictional court. But the
apprehension of the petitioner is that, if he surrender
before the jurisdictional court, the jurisdictional court
may remand him without considering his bail application.
4. The Public Prosecutor submitted that no such
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.
5. 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.
Crl.M.C. Nos.3790 of 2024 & connected cases
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:
'18. 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 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."
6. In the light of the above dictum laid down by this
Crl.M.C. Nos.3790 of 2024 & connected cases
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 court below, coercive proceedings pending
against the petitioner shall be kept in abeyance for a
period of three weeks.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Crl.M.C. Nos.3790 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE-A PHOTOCOPY OF THE ORDER DATED
04/07/2013 IN CMP.NO.890/2013 IN
C.C.NO.203/2007 OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KOZHIKODE.
ANNEXURE-B CERTIFIED COPY OF THE ADDITIONAL
FINAL REPORT IN CRIME NO. 457/2002 OF
KASABA POLICE STATION, KOZHIKODE
DISTRICT.
ANNEXURE-C PHOTOCOPY OF THE JUDGMENT DATED
07/01/2017 IN C.C.NO.308/2015 OF THE
CHIEF JUDICIAL MAGISTRATE, KOZHIKODE.
Crl.M.C. Nos.3790 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE-A PHOTOCOPY OF THE ORDER DATED
04/07/2013 IN CMP.NO.890/2013 IN
C.C.NO.203/2007 OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KOZHIKODE.
ANNEXURE-B CERTIFIED COPY OF THE ADDITIONAL
FINAL REPORT IN CRIME NO. 457/2002 OF
KASABA POLICE STATION, KOZHIKODE
DISTRICT.
ANNEXURE-C PHOTOCOPY OF THE JUDGMENT DATED
16/01/2017 IN C.C.NO.311/2015 OF THE
CHIEF JUDICIAL MAGISTRATE, KOZHIKODE.
Crl.M.C. Nos.3790 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE-A PHOTOCOPY OF THE ORDER DATED
04/07/2013 IN CMP.NO.890/2013 IN
C.C.NO.203/2007 OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KOZHIKODE.
ANNEXURE-B CERTIFIED COPY OF THE ADDITIONAL
FINAL REPORT IN CRIME NO. 457/2002 OF
KASABA POLICE STATION, KOZHIKODE
DISTRICT.
ANNEXURE-C PHOTOCOPY OF THE JUDGMENT DATED
09/01/2017 IN C.C.NO.309/2015 OF THE
CHIEF JUDICIAL MAGISTRATE, KOZHIKODE.
Crl.M.C. Nos.3790 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE-A PHOTOCOPY OF THE ORDER DATED
04/07/2013 IN CMP.NO.890/2013 IN
C.C.NO.203/2007 OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KOZHIKODE.
ANNEXURE-B CERTIFIED COPY OF THE ADDITIONAL
FINAL REPORT IN CRIME NO. 457/2002 OF
KASABA POLICE STATION, KOZHIKODE
DISTRICT.
ANNEXURE-C PHOTOCOPY OF THE JUDGMENT DATED
19/01/2017 IN C.C.NO.312/2015 OF THE
CHIEF JUDICIAL MAGISTRATE, KOZHIKODE.
Crl.M.C. Nos.3790 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE-A PHOTOCOPY OF THE ORDER DATED
04/07/2013 IN CMP.NO.890/2013 IN
C.C.NO.203/2007 OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KOZHIKODE.
ANNEXURE-B PHOTOCOPY OF THE ADDITIONAL FINAL
REPORT IN CRIME NO. 457/2002 OF
KASABA POLICE STATION, KOZHIKODE
DISTRICT.
ANNEXURE-C PHOTOCOPY OF THE JUDGMENT DATED
17/01/2017 IN C.C.NO.310/2015 OF THE
CHIEF JUDICIAL MAGISTRATE, KOZHIKODE.
Crl.M.C. Nos.3790 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE-A PHOTOCOPY OF THE ORDER DATED
04/07/2013 IN CMP.NO.890/2013 IN
C.C.NO.203/2007 OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KOZHIKODE.
ANNEXURE-B PHOTOCOPY OF THE JUDGMENT DATED
11/01/2017 IN C.C.NO.314/2015 OF THE
CHIEF JUDICIAL MAGISTRATE, KOZHIKODE.
Crl.M.C. Nos.3790 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE-A PHOTOCOPY OF THE JUDGMENT DATED
23/05/2014 IN C.C.NO.441/2011 OF THE
JUDICIAL 1ST CLASS MAGISTRATE COURT-
II, THAMARASSERY.
Crl.M.C. Nos.3790 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE-A PHOTOCOPY OF THE ORDER DATED
04/07/2013 IN CMP.NO.890/2013 IN
C.C.NO.203/2007 OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KOZHIKODE.
ANNEXURE-B PHOTOCOPY OF THE ADDITIONAL FINAL
REPORT IN CRIME NO. 457/2002 OF
KASABA POLICE STATION, KOZHIKODE
DISTRICT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
