Renjith K vs State Of Kerala
2025 Latest Caselaw 301 Ker

Kerala High Court

Renjith K vs State Of Kerala on 3 June, 2025

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

Crl. MC .No.4834 of 2025
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                                                             2025:KER:39332


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

      TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947

                           CRL.MC NO. 4834 OF 2025

           AGAINST THE ORDER/JUDGMENT DATED IN SC NO.683 OF 2024 OF

DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL,

KASARAGOD


PETITIONER(S)/3RD ACCUSED:

                RENJITH K
                AGED 30 YEARS, S/O. GANESH, KRISHNA NAGAR, KUMBALA,
                KOIPADY, KASARAGOD, PRESENTLY RESIDING AT
                NELAMANGALA BANGALORE, KARNATAKA, PIN - 671321

                BY ADVS.
                SRI.C.K.RAPHEEQUE
                SRI.K.B.NIDHINKUMAR

RESPONDENT(S)/COMPLAINANT:

       1        STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                KERALA, PIN - 682031
       2        ASSISTANT EXCISE COMMISSIONER,
                EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD,
                KASARAGOD., PIN - 671121

BY ADV:

                PRASHANT.M.P, PP


           THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. MC .No.4834 of 2025
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                                                                 2025:KER:39332


                         P.V.KUNHIKRISHNAN, J
                      ---------------------------------------
                         Crl. MC No.4834 of 2025
                       --------------------------------------
                  Dated this the 03rd day of June, 2025


                                    ORDER

The petitioner is an accused in SC No.683/2024 on

the file of the District and Sessions Court, Kasargod,

arising from Crime No.05/2024 of the Excise Enforcement

and Anti-Narcotic Special Squad, Kasargod. A warrant is

issued against the petitioner. The petitioner is ready to

surrender before the jurisdictional court. The apprehension

of the petitioner is that, if he surrender before the

jurisdictional court, he will be remanded without

considering the bail application.

2. Heard the learned counsel appearing for

the petitioner and the learned Public Prosecutor.

3. It is submitted that a warrant is pending

against the petitioner. If that be the case, the petitioner

2025:KER:39332

has to surrender before the jurisdictional court with

appropriate application. The main grievance of the

petitioner is that, if the petitioner surrender before the

jurisdictional court, the jurisdictional court will remand him

without considering his bail application. When a warrant is

issued by a court, it is always desirable to move the court

concerned. The factors to be considered by the court

concerned when an accused is surrendered before the

court is discussed in detail in Rajeevan v State of

Kerala (2008(4)KLT 98). The relevant paragraph is

extracted hereunder.

"17. Thus, on facts and on law, S.438 of the Code will not apply to the facts of this case and hence, anticipatory bail cannot be granted to petitioner. Still, I make it clear that it is open to the petitioner to surrender before the Magistrate Court and to file an application for bail, and satisfy learned Magistrate that he was not evading the process of the court, or that he did not intend to abscond. In such event, learned Magistrate shall dispose of the bail application, untrammalled by any of the observations made in this order, on merit. I also make it clear that the observations made in this order are all based only on the oral submissions

2025:KER:39332

made, without being any supporting materials.

18. I would also add that the considerations for granting bail are different from the consideration for granting anticipatory bail and the refusal of anticipatory bail under S.438 of the Code may not by itself be a ground to refuse bail to an accused, under S.437 or 439 of the Code."

In the light of the above dictum, no further direction is

necessary.

4. Considering the submission of the counsel

for the petitioner, this Crl. MC is disposed of with the

following conditions.

1) The petitioner will surrender before the

jurisdictional court within two weeks

from today. To facilitate the petitioner

to surrender before the jurisdictional

court, petitioner shall not be arrested

for a period two weeks.

2) The petitioner is free to file bail

application before the court concerned

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at the time of surrender. But copy of

the bail application should be served to

the prosecutor concerned in advance.

3) If the bail application as directed above

is filed by the petitioner, the court

concerned will consider the same and

pass appropriate orders in the bail

application preferably on the date of

filing of the same itself.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE nvj

2025:KER:39332

PETITIONER ANNEXURES

Annexure A THE TRUE CERTIFIED COPY OF THE CRIME AND OCCURRENCE REPORT DATED 26.02.2024 IN SC NO 683/2024 OF DISTRICT AND SESSIONS COURT, KASARAGOD IN NDPS CRIME NO 05/2024 OF EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD, KASARAGOD Annexure B THE TRUE COPY OF THE ONLINE PROCEEDING OF THE HON'BLE DISTRICT AND SESSIONS COURT, KASARAGOD DATED 29.01.2025

//TRUE COPY//

PA TO JUDGE