Kerala High Court
Sanal Ezhikkotte Shajan vs State Of Kerala on 3 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl. MC .No.4833 of 2025
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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. 4833 OF 2025
CRIME NO.57/2015 OF Guruvayoor Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.10 OF 2022 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, CHAVAKKAD
PETITIONER/ACCUSED NO.1:
SANAL EZHIKKOTTE SHAJAN
AGED 30 YEARS, S/O. SHAJAN PALLIPPARAMBIL MATHAI,
EZHIKOTTE VEEDU, PORKOLANGAD P.O, KANIPPAYUR,
THRISSUR, KERALA,, PIN - 680517
BY ADVS.
SHRI.MOHAMMED RAZALI K.A
SMT. RESHMI U.N.
SHRI.RAHUL.S
SHRI.GANESH CHANDRAN S.
SHRI.ASHIRWAD J.
SMT.GAYATHRI JIJI
SHRI.DIVIN V.VIJAYAN
RESPONDENT(S)/COMPLAINANT AND STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV.:
SRI. M.C.ASHI, 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.4833 of 2025
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P.V.KUNHIKRISHNAN, J
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Crl. MC No.4833 of 2025
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Dated this the 03rd day of June, 2025
ORDER
This Criminal Miscellaneous Case is filed seeking
the following reliefs:
"a) Direct the Assistant Sessions Judge, Chavakkad,
to consider and pass orders on the application for
regular bail and petition to recall arrest warrant filed
by the petitioner on the very same day in
accordance with law, in the interest of justice.
(b) Issue any order direction, which this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the present case."(SIC)
2. The petitioner is an accused in LP 10/2022
on the file of Assistant Sessions Court, Chavakkad, arising
from Crime No.57/2015 of Guruvayoor Police Station. A
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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, since the case is in the long
pending register, he will be remanded without considering
the bail application.
3. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor.
4. It is submitted that a warrant is pending
against the petitioner. If that be the case, the petitioner
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
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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
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.
5. Considering the submission of the counsel
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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
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
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application preferably on the date of
filing of the same itself.
Sd/-
P.V.KUNHIKRISHNAN,
nvj JUDGE
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PETITIONER ANNEXURES
Annexure A1 THE COPY OF THE FINAL REPORT IN CRIME
NO 57/2015 OF GURUVAYOOR POLICE
STATION DATED 10.03.2015
Annexure A2 THE COPY OF THE ARREST MEMO PREPARED
BY THE INVESTIGATING OFFICER,
GURUVAYUR POLICE STATION DATED
21.01.2015
Annexure A3 THE COPY OF E COURTS PROCEEDINGS IN
L.P. NO.10/2022 IN THE FILES OF
ASSISTANT SESSIONS COURT, CHAVAKKAD
//TRUE COPY//
PA TO JUDGE
