Crl.MC/3831/2007 of SHIBU Vs STATE OF KERALA on 28 December 2007

O R D E R

Petitioners are the accused 4 and 5 in crime No.719/2004 ofNedumangad Police Station, which is now pending asC.P.No.84/2007 before the Judicial First Class Magistrate Court-II,Nedumangad. This Crl.M.C. is filed for a direction to the trial courtto release the petitioners on bail in case of their surrender beforethe trial court in connection with Crime No.719/2004 ofNedumangad Police Station. The allegation against thepetitioners is that on 17-10-2004 at about 9.30 P.M. they alongwith other accused attacked the defacto-complainant and therebycommitted offences punishable under sections 143, 147, 148,149, 447, 324, 307IPC and section 27 of the Arms Act. Thepetitioners submit that they are innocent and no overt act isalleged against them. It is also submitted that the other accusedin the above crime were arrested and final charge has been laidbefore the court implicating the petitioners as accused 4 and 5.According to the petitioners, they have been falsely implicated inthe above crime. It is further stated that they were not aware of any crime pending against them and they came to know that theyare implicated in the crime only when the police constables madeenquiries after visiting their house. Therefore, the petitionershave approached this Court by filing this Crl.M.C. with the aboveprayers.

2. I have heard learned counsel for the petitioner and thelearned Public Prosecutor.

3. The learned Public Prosecutor vehemently opposed therelief sought for in this case. The learned counsel for thepetitioners submits that no notice has been served on thepetitioners and that they were not aware of the pendency of thecase. It is also submitted that the petitioners had filedB.A.No.7283/2007 before this Court which was disposed of bydirecting the petitioners to surrender before the trial court. Nowthe case of the petitioners is that in case they surrender beforethe trial court, they are likely to be remanded to judicial custody.It is submitted that the investigation of the above case is alreadyover and the custody of the petitioners are not necessary. Insupport of the above submission, Annexures-III to V are producedalong with the case.

4. On a perusal of Annexures-III to V, I am not in a positionto understand the nature and the gravity of the offence alleged inthose cases and the circumstances under which the said ordersare passed. Hence, I am not inclined to issue an order likeAnnexures-III to V in this case. Offences under section 307 IPCand section 27 of the Arms Act are involved in this case. Theinvestigating agency has already filed the final report before thecourt below and the court below had taken cognizance againstthe petitioners and other accused and the case is now pending asC.P.No.84/2007 before the Judicial First Class Magistrate Court-II,Nedumangad. It has brought out from the documents that thepetitioners herein had already approached this Court by filingB.A.No.7283/2007 and this Court has disposed of the saidapplication with a direction to the petitioners to surrender beforethe court below. Considering the facts and circumstances of thecase, I am of the view that this Crl.M.C. can be disposed ofdirecting the petitioners to surrender before the trial court andseek bail.

5. In the result, this Crl.M.C. is disposed of by directing thepetitioners to surrender before the Judicial First Class MagistrateCourt-II, Nedumangad within two weeks from today and to file an application for regular bail and in the event of the petitionerssurrender and move an application for bail, the same shall beconsidered and disposed of by the learned Magistrate, preferablyon the same day on which it is filed, bearing in mind the dictumlaid down in the decision of this Court reported in Sukumari v.State of Kerala, 2001 (1) KLT 22.

V.K.MOHANAN, JUDGE.

mn