Kerala High Court
Iqbal vs State Of Kerala on 15 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 9613 OF 2024
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2024:KER:85430
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
CRL.MC NO. 9613 OF 2024
CRIME NO.82/2024 OF KARUNAGAPALLY POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.115 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - I, KARUNAGAPPALLY
PETITIONER/ACCUSED NO.8:
IQBAL, AGED 45 YEARS
S/O. ISMAIL KUNJU,
PALLIPURAYAYATH, KOIVILA MURIYIL,
THEVALAKKARA VILLAGE,
KOLLAM DISTRICT, PIN - 690 524.
BY ADV K.RAKESH
RESPONDENT/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682 031.
2 THE STATION HOUSE OFFICER
KARUNAGAPPALLY POLICE STATION,
KOLLAM DISTRICT, PIN - 690 518.
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9613 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.9613 of 2024
...................................................
Dated this the 15th day of November, 2024
ORDER
Petitioner is the 8th accused in C.P.No.115/2024 on the files of the
Judicial First Class Magistrate Court-I, Karunagappally arising out of
Crime No.82/2024 of Karunagapally Police Station. The offences alleged
against the accused in the above crime includes those under Section 304
and 323 of the Indian Penal Code, 1860.
2. Petitioner has now been served with a summons to appear on
27.11.2024. Petitioner apprehends that since he was not arrested during
the crime stage, the learned Magistrate may, on appearance, pursuant to
the summons remand the petitioner. Hence, he has approached this
Court seeking a direction to release him on bail in the event of his
appearance in the court, on the same day itself.
3. I have heard Sri.K.Rakesh, the learned counsel for the petitioner as well
as Sri.Noushad K.A., the learned Public Prosecutor.
4. Normally, when summons is issued, even if it is a non bailable offence,
CRL.MC NO. 9613 OF 2024
2024:KER:85430
the courts are required to consider and pass orders on application for
bail on the same day itself. Remanding the accused, who appears,
pursuant to summons is not a proper procedure. Hence, there is no
reason for the petitioner to apprehend that he will be remanded to
custody on his appearance.
5. Since, according to the petitioner himself no warrant has been issued
against him, the apprehension now projected in this petition is without
any basis. This Court is certain that the learned Magistrate will act in
accordance with law, especially if the petitioner appears pursuant to
summons. In such circumstances, I find no reason to issue any
direction.
With the above observation, this Crl.M.C. is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/15/11/2024
CRL.MC NO. 9613 OF 2024
2024:KER:85430
PETITIONER ANNEXURES
ANNEXURE A A TRUE COPY OF THE POSTMORTEM CERTIFICATE OF
THE DECEASED IN CRIME NO.82/2024 OF THE
KARUNAGAPPALLY POLICE STATION ISSUED BY THE
PROFESSOR AND POLICE SURGEON, GOVERNMENT
MEDICAL COLLEGE, KOLLAM DATED 13-01-2024
ANNEXURE B A TRUE COPY OF THE SUMMONS ISSUED BY J.F.C.M,
KARUNAGAPPALLY DATED 8-10-2024
