Kerala High Court
Sajeed M.I vs State Of Kerala on 19 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:45060
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF JUNE 2025 / 29TH JYAISHTA, 1947
OP(CRL.) NO. 372 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 09.05.2025 IN CC NO.295 OF
2021 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE , ERNAKULAM
PETITIONER/ACCUSED:
SAJEED M.I
AGED 37 YEARS
S/O MUHAMMAD ISMAIL, REJI HOUSE, PALLINADAYIL ANAD
(PO), THIRUVANANTHAPURAM DISTRICT, PIN - 695541
BY ADV SRI.R.REJI
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 YES BANK PVT LTD
HAVING ITS BRANCH OFFICE AT SHOP NO.101-102,
TC-26/15 (34), ANNAS ARCADE, SPENCER'S JUNCTION,
THIRUVANANTHAPURAM- 695014, REPRESENTED BY ITS DEPUTY
MANAGER AND POWER OF ATTORNEY HOLDER, SRI.SHANKAR
ANANTHAN, SHYMA BUSINESS CENTRE, VYTILLA, COCHIN -
682019
SR PP SMT SEETHA S
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
19.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(CRL.) NO.372 OF 2025
2
P.V.KUNHIKRISHNAN, J
--------------------------------
O.P (Crl) No.372 of 2025
-------------------------------
Dated this the 19th day of June, 2025
JUDGMENT
The above Original Petition (Crl) is filed with the following
prayers:
" To call for the records leading up to Exhibit.P2
order and set aside Exhibit.P2 and all further
proceedings pursuant thereto in C.C.No.295 /2021 on
the files of the Hon'ble Additional Chief Judicial
Magistrate Court, Ernakulam (SPL COURT MPs/MLAs)
and all proceedings pursuant thereto;"
[SIC]
2. Petitioner is an accused in CC No.295/2021 on the files
of the Chief Judicial Magistrate Court, Ernakulam. It is the case of
the petitioner that, due to some communication gaps regarding
the posting date, the petitioner was not able to appear before the
trial court. A non-bailable warrant is issued. The petitioner is ready
to surrender before the learned Magistrate. But, the petitioner
apprehended that he would be remanded without considering the
bail application.
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OP(CRL.) NO.372 OF 2025
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 is the case, the petitioner has to surrender
before the jurisdictional court with an appropriate application. The
main grievance of the petitioner is that, if the petitioner surrenders
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 are 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.
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OP(CRL.) NO.372 OF 2025
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."
5. In the light of the above dictum, no further direction is
necessary.
Considering the submission of the counsel for the petitioner,
this O.P (Crl) 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, the petitioner
shall not be arrested for a period of two
weeks.
2) The petitioner is free to file a bail application
before the court concerned at the time of
surrender. But a copy of the bail application
should be served to the prosecutor concerned
in advance.
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OP(CRL.) NO.372 OF 2025
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
SSG
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OP(CRL.) NO.372 OF 2025
APPENDIX OF OP(CRL.) 372/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT FILED BY THE
2ND RESPONDENT U/S 142 OF THE NEGOTIABLE
INSTRUMENT ACT, WHICH IS PENDING BEFORE
THE HON'BLE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE COURT, ERNAKULAM (SPL COURT
MPS/MLAS)
Exhibit P2 CERTIFIED COPY OF THE ‘B' DIARY
PROCEEDINGS DATED 09.05.2025 OF THE
HON'BLE ADDITIONAL CHIEF JUDICIAL
MAGISTRATE COURT, ERNAKULAM (SPL COURT
MPS/MLAS)
