Sarin @ Sarimon vs State Of Kerala

Dr Kauser Edappagath, J

The petitioner is the 2nd accused in Crime No.965/2022 of Perinthalmanna Police Station now pending as C.P.No.39/2022 on the file of the Judicial First Class Magistrate Court-I, Perinthalmanna (for short 'the court below).

The petitioner approached this Court during crime stage seeking pre-arrest bail. As per Annexure 3 order, this Court dismissed the bail application with a direction to the petitioner to surrender before the investigating officer within 7 days and the investigating officer was directed to produce the petitioner before the jurisdictional Magistrate after interrogation and the learned Magistrate was directed to consider the bail application, if any filed. It is submitted that the extension application filed by the petitioner to surrender before the Magistrate is still pending before this Court.

In the meanwhile, investigation was over and final report has already been filed. Now, the matter is pending for committal proceedings before the court below. The petitioner has been served with summons to appear before the court below on 9/11/2022 as evident from Annexure 4. The petitioner has appeared through counsel on that day and now the matter stands posted to 18/11/2022 for his appearance. The petitioner apprehends that he may be remanded on his appearance.

The apprehension of the petitioner appears to be unfounded, since he was asked to appear before court on summons. The counsel for the petitioner Sri. Ajith Kumar submits that there may be a direction to the learned Magistrate to release the petitioner on bail on his appearance on the next posting date. Hence, this Crl.M.C is disposed of, with a direction to the learned Magistrate to release the petitioner on bail on his appearance at the court below, on such conditions as it deems fit to impose upon. The petitioner shall co-operate with the committal proceedings.