Kerala High Court
OP(Crl.)/226/2024 of UMESH Vs STATE OF KERALA on 11 April 2025
OF 2024 1 2025:KER:31863 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 OP(CRL.) NO. 226 OF 2024 CRIME NO.604 AND 605/2023 OF VARAPPUZHA POLICE STATION, ERNAKULAM CRMC NO.3778 OF 2023 OF
OP(CRL.) NO. 226 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
OP(CRL.) NO. 226 OF 2024
CRIME NO.604 AND 605/2023 OF VARAPPUZHA POLICE STATION, ERNAKULAM
CRMC NO.3778 OF 2023 OF DISTRICT COURT & SESSIONS
COURT, ERNAKULAM
PETITIONERS/ACCUSED 1 TO 4:
UMESH
AGED 43 YEARS
S/O. UNNIKRISHNAN,
PUTHUVALSTHALAM HOUSE,
CHERANELLOOR, ERNAKULAM,, PIN - 682034
NANDAKRISHNAN
AGED 28 YEARS
S/O. RAJAN, THOTTUNGAL HOUSE,
CHERANELLOOR, ERNAKULAM, PIN - 682034
ROHAN
AGED 26 YEARS
S/O. DHAYANANDAN,
PUTHUVALSTHALAM HOUSE,
CHERANELLOOR, ERNAKULAM, PIN - 682034
RAHUL
AGED 30 YEARS
OP(CRL.) NO. 226 OF 2024
S/O. DHAYANANDAN,
PUTHUVALSTHALAM HOUSE,
CHERANELLOOR, ERNAKULAM, PIN - 682034
BY ADVS.
K.R.VINOD
M.S.LETHA
NABIL KHADER
DEVIKA S.
JIJO M.P.
APARNA SHAJI
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
THE STATION HOUSE OFFICER
VARAPPUZHA POLICE STATION, VARAPPUZHA,
ERNAKULAM,, PIN - 683517
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
11.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CRL.) NO. 226 OF 2024
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J U D G M E N T
The petitioners are accused Nos.1 to 4 in Crime Nos.604 of 2023 and 605 of 2023 of Varappuzha Police Station, Ernakulam. Their grievance is that when they made attempt to surrender before the Judicial First Class Magistrate Court-III, North Paravur and offer bail, the learned Magistrate did not permit them to surrender. It is in these circumstances, the petitioners have approached this Court with a prayer to give a direction to the Judicial First Class Magistrate Court-III, North Paravur to permit the petitioners to surrender in the above mentioned crimes.
2. I have heard Sri.K.R.Vinod, the learned counsel for the petitioners and Sri.Prasanth M.P., the learned Public Prosecutor.
3. The learned Public Prosecutor, on instructions, submits that the 1st accused is the accused in Crime Nos.604 of OP(CRL.) NO. 226 OF 2024
2023 and 605 of 2023 of Varappuzha Police Station, Ernakulam and the petitioners 2 to 4 are only suspects. It is submitted that the petitioners 2 to 4 have not been arrayed as accused so far. The learned Prosecutor further submitted that the petitioners 2 to 4 did not appear before the investigating officer for the purpose of identification. Admittedly, all the offences alleged against the 1st petitioner are bailable in nature.
4. Having heard the learned counsel appearing for the petitioners and the learned Public Prosecutor, this Original Petition is disposed of as follows:-
(i) The 1st petitioner/1st accused is permitted to surrender before the Judicial First Class Magistrate Court-III, North Paravur in Crime Nos.604 of 2023 and 605 of 2023 of Varappuzha Police Station, Ernakulam and offer bail. Since all the offences are bailable in nature, the learned Magistrate is directed to grant bail to the 1st petitioner/1st accused on OP(CRL.) NO. 226 OF 2024
suitable conditions.
(ii) The petitioners 2 to 4 shall co-operate with the investigation.
Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS
OP(CRL.) NO. 226 OF 2024
APPENDIX OF OP(CRL.) 226/2024 PETITIONER EXHIBITS EXHIBIT P1 THE COPY OF THE FIR NO.604/2023 OF VARAPPUZHA POLICE STATION DATED 12.12.2023 EXHIBIT P2 THE COPY OF THE FIR NO.605/2023 OF VARAPPUZHA POLICE STATION DATED 12.12.2023 EXHIBIT P3 THE COPY OF THE ORDER IN CRL.M.C.NO.3778/2023 DATED 08.01.2024 EXHIBIT P4 THE COPY OF THE ORDER IN CRL.M.C.NO.3636/2023 DATED 23.12.2023 OF THE SESSIONS COURT, ERNAKULAM,