Kerala High Court
Renjith K.T vs State Of Kerala on 10 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:75471
CRL.MC NO. 7956 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 7956 OF 2024
CRIME NO.388/2024 OF VALANCHERY POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2431 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,TIRUR
..................................
PETITIONER/ACCUSED NO.:2:
RENJITH K.T., AGED 32 YEARS
SON OF KUNJIKRISHNAN, KULAMBILTHODY,
VALANCHERY P.O., KATTIPARUTHY VILLAGE,
TIRUR TALUK, MALAPPURAM DISTRICT - 676 552.
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENT/COMPLAINATN :
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM - 682031
2 THE SUB INSPECTOR OF POLICE
VALANCHERRY POLICE STATION,
MALAPPURAM DISTRICT, PIN - 676 552.
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:75471
CRL.MC NO. 7956 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7956 of 2024
...................................................
Dated this the 10th day of October, 2024
ORDER
Petitioner is the second accused in C.C.No.2431/2024 on the files of
the Judicial First Class Magistrate Court, Tirur, arising out of Crime
No.388/2024 of Valancherry Police Station. The offences alleged
against the petitioner includes Sections 468 and 471 of the Indian
Penal Code, 1860. Petitioner has approached this Court seeking a
direction to dispose of his bail application on the date of surrender
itself.
2. Sri.Ziraj P.M., the learned counsel for the petitioner, however,
submitted that since an absconding charge sheet has been filed by the
Police falsely, the learned Magistrate may not consider the application
for grant of bail on the date of appearance.
3. Sri.Noushad K.A., the learned Public Prosecutor, upon verification of
the e-courts website, submitted that the case is posted for appearance
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CRL.MC NO. 7956 OF 2024
of the accused on 20.12.2024 and as no warrant has yet been issued,
the apprehension is misplaced.
4. When summons is issued for the appearance of an accused and if he
appears on the date of posting and apply for grant of bail, the
learned Magistrate is bound to consider it on the same day itself
without adjourning the matter, especially since the right and liberty
of an individual is at stake.
5. In Vinubhai Haribhai Malaviya and Ors. v. The State of Gujarat and
Anr. (2019) 17 SCC 1, the Supreme Court has observed that the
provisions of Cr.P.C. must be interpreted so as to ensure Article 21 is
followed in letter and spirit. When an application is filed by an
accused pursuant to summons, for grant of bail, there is no reason
to adjourn consideration of such an application to another day and
remand the accused. Such a practise is to be deprecated.
6. In such a view of the matter, I have no doubt, in the absence of a
warrant having been issued against the petitioner, the learned
Magistrate will no doubt consider the application for bail on the date
of appearance itself provided, an application to that effect is filed by
the petitioner.
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CRL.MC NO. 7956 OF 2024
7. Since the apprehension of the petitioner is misplaced, I find no
reason to issue any direction. Therefore, I dismiss this Crl.M.C.
however, with the above observations.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/14/10/2024
2024:KER:75471
CRL.MC NO. 7956 OF 2024
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 388/2024 OF VALANCHERRY POLICE
STATION.
ANNEXURE 2 TRUE COPY OF THE ORDER DATED 14.6.2024 IN
B.A.NO.3782 OF 2024.
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 19.7.2024 IN
CRL.M.C.NO.6111/2024 OF THIS HONOURABLE
COURT
ANNEXURE 4 TRUE COPY OF FINAL REPORT SUBMITTED BY THE
SECOND RESPONDENT IN CRIME NO.388 OF 2024
OF VALANCHERRY POLICE STATION.
ANNEXURE 5 TRUE COPY OF THE ORDER OF THIS HONOURABLE
COURT IN IDENTICAL MATTER DATED 10.06.2024
IN CRL.M.C.NO.4118 OF 2024.
ANNEXURE 6 TRUE COPY OF THE ORDER OF THIS HONOURABLE
COURT IN IDENTICAL MATTER DATED 23.4.2024
IN CRL.M.C.NO.3820 OF 2024.
ANNEXURE 7 TRUE COPY OF THE ORDER OF THIS HONOURABLE
COURT IN IDENTICAL MATTER DATED 3.5.2024 IN
CRL.M.C.NO.3969 OF 2024.
