Vinodkumar V.R. vs The State of Kerala

K. Ramakrishnan, J.—This criminal miscellaneous case is filed by the petitioner, who is the second accused in Crime No. 991/2014 of Neyyattinkara police station, Thiruvananthapuram for issuing a direction to the Magistrate to consider and dispose of his bail application under Section 482 of Code of Criminal Procedure (hereinafter called the ''Code'').

It is alleged in the petition that, the petitioner has been arrayed as second accused in Crime No. 991/2014 of Neyyattinkara police station, Thiruvananthapuram alleging offences under Sections 379 and 34 of Indian Penal Code. The case is only in the crime stage. Now, he is prepared to surrender, but he apprehends that, his bail application will not be considered and he will be remanded to custody. So the petitioner has no other remedy, except to approach this court, seeking the following relief:

"It is humbly submitted that this Hon''ble court may be pleased to allow the petitioner to surrender before the Judicial First Class Magistrate Court-I, Neyyattinkara, Thiruvananthapuram and may direct the court below to consider the bail application at the event of his surrender in Crime No. 991/14 of Neyyattinkara Police Station, Thiruvananthapuram registered for offences punishable under section 379 & 34 I.P.C., in the interest of Justice.

Considering the nature of relief claimed in the petition, this court felt that, the petition can be disposed of at the admission stage itself, after hearing the learned counsel for the petitioner and the learned Public Prosecutor of that court.

The counsel for the petitioner submitted that, his apprehension is that, if he surrenders before the court below, he is likely to be remanded without considering his bail application. Unless a direction is given from this court, normally the bail application will not be considered on the same date.

The application was opposed by the learned Public Prosecutor on the ground that, he has not appeared before the court so far.

It is an admitted fact that, the petitioner has been arrayed as second accused in Crime No. 991/14 of Neyyattinkara police station, Thiruvananthapuram alleging offences under Sections 379 & 34 of Indian Penal Code. The apprehension of the petitioner is that, if he surrenders, he will be remanded to custody and his bail application will not be considered, is without any basis and not genuine. Further this court has in several matters of this nature, time and again observed that, there is a duty cast on the judicial officers of the criminal court to consider and dispose of the bail applications, on the date of filing of the application itself, as far as possible, unless compelling circumstances warrant the postponement of the same to a future date. So in fact, there is no necessity to issue any specific direction as claimed in the petition. But however, considering the apprehension raised in the petition, this court feels that, the petition can be disposed as follows:

If the petitioner surrenders before the Judicial First Class Magistrate Court-I, Neyyattinkara, Thiruvananthapuram, and files an application to release him on bail in Crime No. 991/2014 of Neyyattinkara police station, then the learned magistrate is directed to consider and dispose of their bail application, as far as possible, on the same date, after hearing the Assistant Public Prosecutor of that court, in accordance with law.

With the above direction and observation, this criminal miscellaneous case is disposed of. Office is directed to communicate this order to the concerned court, immediately.