SUNIL Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the accused in C.P.No.53/2012 (Crime No.675/12 of Chathannoor Police Station) on the files of Judicial First Class Magistrate Court, South Paravur, Kollam to issue a direction to the Magistrate to consider the bail application under Section 482 of Code of Criminal Procedure (hereinafter called 'the Code').

(2.) IT is alleged in the petition that petitioner is the accused in Crime No.675/12 of Chathannoor Police Station now pending before the Judicial First Class Magistrate Court, South Paravur, Kollam, as C.P.No.53/12 alleging offences under Sections 326 and 308 of Indian Penal Code. The allegation in the petition was that, on 09.06.2012 at about 21.30 hours while the defacto complainant was proceeding to his house and when he reached near Mangala Hospital, the accused on seeing the defacto complainant uttered and threatened him that he will not allow him to live any more. It is further alleged that the petitioner with an intention to cause injury on him due to previous enmity inflicted cut injury by using a cutter on his head that again the accused attempted to cause death of defacto complainant and thus committed the offence. Chathannoor Police conducted investigation and filed final report before the Judicial First Class Magistrate's Court, South Paravur, Kollam and the learned Magistrate has taken the case as C.P.No.53/2012 and issued summons to the petitioner. Unfortunately, there was no representation made when the case was taken up and non -bailable warrant was ordered against the petitioner and the case was posted to 07.08.2014. The petitioner is innocent and has not committed any crime nor had he absconded. The apprehension of the petitioner is that, if he surrenders before the concerned court, his bail application will not be considered on the same date and he will be remanded to custody. So, he has no other remedy except to approach this court seeking the following relief: "to issue appropriate direction to the Judicial First Class Magistrate, South Paravur, to grant bail to the petitioner upon his surrender in C.P.No.53/2012 of Judicial First Class Magistrate, South Paravur, Kollam District and applying bail on such terms and conditions, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

(3.) THE Counsel for the petitioner submitted that the apprehension of the petitioner is that, if he surrenders before the court below, his bail application will not be considered by the court below on the same day and he will be remanded to custody.