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.
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
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.
