Vinaya.Rajesh Alva vs State Of Kerala

C.S.Dias, J

The petition is filed to direct the Court of the Judicial First Class Magistrate-I, Kasargod, to consider the bail application filed by the petitioners in CC No.1627/2022 in CB Cr.No.904/CR/CB/KNR & KSD/2012 (Adhur Crime No.363/2011) on the date of filing itself.

The petitioners’ case is that they are the accused Nos.4 ,5 and 9 in the above case which is registered against them for the offences punishable under Section 420 read with Sec.34 of the Indian Penal Code. There are several other connected cases pending in different Courts in the State. The main accused, named Rajesh, was arrested in the crime stage, which is evident from Annexure-1 final report. The other accused were not even summoned by the Police. Recently, the petitioners learnt that an absconding charge has been laid against them The petitioners apprehend that if they surrender themselves, they may be remanded to the judicial custody. Hence the Crl.M.C.

Heard; the learned counsel appearing for the petitioners and the learned Public Prosecutor appearing for the respondents.

Having considered the facts and circumstances of the case and the materials on record, I am of the view that the court below is to be directed to consider and dispose of the bail application proposed to be filed by the petitioners on the date of surrender itself.

Resultantly, the Crl.M.C is disposed of by directing the Court of the Judicial First Class Magistrate-I, Kasargod, to consider and dispose of the bail application proposed to be filed by the petitioners in CC No.1627/2022 on the date of their surrender itself, in accordance with law, provided the petitioners surrender before the court below within a period of ten days from today and file the bail application with due notice to the Public Prosecutor. All coercive proceedings as against the petitioners shall stand suspended until a decision is taken on their bail applications.

The Crl MC is ordered accordingly.