Purushothaman vs State Of Kerala

P.V.Kunhikrishnan, J

Petitioners is the accused in C.P No.30/2022 on the files of the Judicial First Class Magistrate Court, Alathur. The above case is charge sheeted against the petitioners alleging offence punishable under Sections 143, 147, 148, 341, 324, 307, 506 r/w Section 149 of the Indian Penal Code.

2.When this Criminal Miscellaneous case is came up for consideration, the counsel for the petitioner submitted that the committal court issued warrant to the petitioner without issuing summons to him. The learned counsel relies on the judgment in Aman Preet Singh Vs. CBI through Director in Crl. Appeal No. 929/2021 (reported in LL 2021 SC 416) and Radhakrishnan Vs. State of Kerala reported in [2021 (2) KLD 581]. The learned counsel for the petitioner submits that the petitioners are ready to surrender before the committal court and their bail application may be considered on the date of surrender itself.

3.Heard the learned Public Prosecutor also. After hearing the counsels on either side, there shall be a direction to the committal court to consider the bail application on the date of surrender itself . Therefore, the Crl. M.C is disposed of with the following directions;-

i) the petitioners are free to surrender before the committal court within three weeks from today.

ii) if any bail application is filed with advance copy to the learned Public Prosecutor concerned, the committal court will consider the same on the date of surrender itself, in the light of the decision in Aman Preet Singh Vs. CBI through Director in Crl. Appeal No. 929/2021 and Radhakrishnan Vs. State of Kerala (supra)

iii) till the final orders are passed, the coercive steps against the petitioners are stayed.