SURESH M R Vs. STATE OF KERALA

JUDGEMENT

(1.) The question involved in this Bail Application is whether an accused in a case triable exclusively by the Court of Session, who appears before the Magistrate on summons in the committal proceedings, is entitled to bail as of right on the ground that only summons was issued to him, or whether discretion could be exercised by the Magistrate to deny bail to him.

(2.) The petitioners, who are accused Nos.9, 11 and 14 in Crime No.481/CR/HHW-III/10 for the offences punishable under Sections 302, 326, 328, 120B, 471 and 201 read with Section 34 of the Indian Penal Code and Sections 55(a) and 57A of the Kerala Abkari Act, appeared on 29-6-2011 before the Judicial Magistrate of the First Class I, Tirur in C.P.Case No. 35 of 2011, in obedience to the summons issued by the learned Magistrate. They moved for bail under Section 437 of the Code of Criminal Procedure. The Bail Application was dismissed by the learned Magistrate by the order dated 30-6-2011. The petitioners filed application for bail under Section 439 of the Code of Criminal Procedure before the Sessions Court, Manjeri. The Sessions Court dismissed the application by the order dated 5-7-2011. Therefore, the petitioners have filed this Bail Application under Section 439 of the Code of Criminal Procedure.

(3.) The petitioners contended before the learned Magistrate that only summons having been issued to them, the Magistrate had no jurisdiction to remand them to judicial custody. The same contention is raised by the petitioners before this Court. relying on the decisions in Sreekumar v. State of Kerala, 2008 3 KerLT 748 and George v. State of Kerala, 2009 1 KerLT 277.