Kerala High Court
Jayachandran Nair 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. 2986 OF 2024
CRIME NO.0109/2023 OF MARADU POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.4764 OF 2023 OF
JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED NO.1 AND 2:
1 JAYACHANDRAN NAIR
AGED 57 YEARS, S/O DHAMODHARAN NAIR, H NO 414-C,
VAIGA, NOCHIMA, NAD POST, ALUVA, PIN - 683 563
2 VINODINI JAYACHANDRAN
AGED 49 YEARS, W/O JAYACHANDRAN NAIR,H NO 414-C,
VAIGA, NOCHIMA, NAD POST, ALUVA, PIN - 683 563
BY ADVS.
M.R.SARIN
M.R.SASITH
PARVATHI KRISHNA
SNEHA JOY
SAUMYA.P.S
ASHA MARY KURIAN
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
2 THE STATION HOUSE OFFICER
MARADU POLICE STATION, PIN - 682 304
BY ADV.
SMT. S. SEETHA, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL. M.C. NO.2986 OF 2024
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.2986 of 2024
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Dated this the 23rd day of April, 2024
ORDER
This Criminal Miscellaneous Case is filed under
Section 482 of the Code of Criminal Procedure,
1973 ("the Code" for the sake of brevity).
2. The petitioners are the accused in C.C.
No.4764/2023 on the file of Judicial First Class
Magistrate Court-VIII, Ernakulam arising from Crime
No.109/2023 of Maraud Police Station.
3. It is submitted that a bailable warrant is
issued against the petitioners and the case is
posted to 22.07.2024. The learned counsel
appearing for the petitioners submitted that the
CRL. M.C. NO.2986 OF 2024
petitioners are ready to surrender before the trial
court but the petitioners apprehend that, if they
surrender before the trial court, the trial court may
remand them, without considering their 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 petitioners 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
CRL. M.C. NO.2986 OF 2024
(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:
'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
CRL. M.C. NO.2986 OF 2024
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 Court, I think, the apprehension of the
petitioners that the jurisdictional court will remand
the accused without application of mind is
unnecessary.
Therefore, this Criminal Miscellaneous Case is
disposed of with the following directions:
1) The petitioners shall surrender before
the jurisdictional court within three
weeks from today. If an application for
CRL. M.C. NO.2986 OF 2024
bail with advance copy to the
prosecutor concerned is filed at the
time of surrender by the petitioners,
the jurisdictional court shall consider
the same and pass appropriate orders
in it, in accordance with law, ideally on
the date of surrender itself.
2) In order to enable the petitioners to
appear before the court below,
coercive proceedings pending
against the petitioners shall be kept
in abeyance for a period of three
weeks.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
CRL. M.C. NO.2986 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF F.I.R IN CRIME
NO. 109/2023 OF MARAUD POLICE
STATION IN ERNAKULAM
ANNEXURE A2 THE TRUE COPY OF RELEVANT PAGES OF
E-COURTS HISTORY OF CC NO
4764/2023 BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT VIII,
ERNAKULAM
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
