This is an application filed by the 10th accused in S.C.No.145/2010 pending before Additional Sessions Court, (Fast Track) No-I, Thrissur to issue directions to grant bail and not to remand the petitioner on his surrender under Section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that the petitioner is arrayed as 10th accused in S.C.No.145/2010 now pending before Additional Sessions Court, (Fast Track) No-I, Thrissur which arose from the Crime No.206/08 of Vatanappilly Police Station alleging offences under Sections 143, 147, 341,323, 304, 52(A) read with Section 149 of Indian Penal Code. Earlier, he was arrested and released on bail at the time of investigation and he went to Gulf in connection with his employment and therefore, he was not available in the locality. Police filed final report before the magistrate court and the case was committed to Sessions Court and it is posted for evidence to 10.06.2014. Since he did not appear, now non bailable warrant is pending against him. He is prepared to appear before the court below, but he apprehends that if he surrenders, he will be remanded to custody without considering his bail application. Unless a direction is given from this court, the bail application will not be considered and he will be remanded. So, the petitioner has no other remedy except to approach this court seeking the following relief:
“a) To direct the Hon'ble District & Sessions (Fast Track) Court-I, Thrissur not to remand the petitioner on the date of his appearance/surrender in connection with S.C.No.145/2010 on the file of the Hon'ble District & Sessions (Fast Track) Court-I, Thrissur which arose from Crime No.206/2008 of Vatanappilly Police Station.
b) Direct the Hon'ble District & Sessions (Fast Track) Court-I, Thrissur to consider and pass orders on bail application of the petitioner on the date of his appearance/surrender itself in connection with S.C.No.145/2010 on the file of the Hon'ble District & Sessions (Fast Track) Court-I, Thrissur which arose from Crime No.206/2008 of Vatanappilly Police Station.”
3. Considering the nature of relief claimed in the petition, this court felt that this can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor and also after getting a report from the concerned court regarding the present stage of the case.
4. Accordingly, a report has been called for and the learned Additional Sessions Judge has sent a report which reads as follows:
“In crime No.206/2008 of Vatanappilly Police Station the Investigating officer filed final report against 11 accused for the offences under sections 143, 147, 341, 324, 304, 52A r/w 149 IPC before Judicial First Class Magistrate's Court, Chavakkad. As per order in CP.96/2008 dated 04.12.2009 the committal court committed case against all accused except A4. In the committal order it is specified that case against all accused except A4 is committed to the Court of Sessions. Case against A4 (Jyothish, S/o Jayaraman) is split up and refiled as CP.76/2009. Hence it is revealed from the above committal order that case against 10th accused namely Remith, S/o Shanmughan is also committed to the Court of Sessions.
Today (10.06.2014) in this case CW34 to CW36 were present and they are examined as PW14 to PW16, Ext.P11 to P24 and P1(a) are marked. Evidence closed and now the case is stands posted to questioning under section 313 Cr.P.C. on 23.06.2014.”
5. Counsel for the petitioner submitted that his apprehension is that if he surrenders, he will be remanded and his bail application will not be considered on the date of filing itself and he is prepared to co-operate with the trial of the case. Unless a direction is given, the Sessions Judge will not consider his bail application on the same date.
6. The application was opposed by the Public Prosecutor on the ground that he is an absconding accused.
7. It is an admitted fact that he has been arrayed as 10th accused in S.C.No.145/2010 now pending before Additional Sessions Court (Fast Track) No-I, Thrissur and it is also seen from the report of the Additional Sessions Judge and also the submissions made by the Counsel for the petitioner at the time of hearing that the case against him was also committed and he was arrayed as accused in the above Sessions Case. It is also an admitted fact that after it was committed to the Sessions Court, he did not appear and so non bailable warrant has been issued against him and it is pending against him. The apprehension of the petitioner is that if he surrenders, he will be remanded to custody in view of the pendency of non bailable warrant and his bail application will not be considered on the date of filing itself. The prayer in the petition is to give a direction to the Sessions Court not to remand him and release on bail cannot be granted by this court as it will amount to usurping the power of the Sessions Judge to exercise his discretion considering the circumstances of the case. But, the apprehension of the petitioner that, if he surrenders, he will be remanded without considering his bail application on the date of filing is without any basis and not genuine as well. This court has time and again in several petitions of this nature expressly observed that the Presiding Officers of the Criminal Courts are duty bound to consider and dispose of the bail applications filed by the accused on their surrender as far possible on the date of filing of the application itself unless compelling circumstances warrant the postponement of the same to a future date. So, there is no necessity to issue any direction as claimed in the petition as such. But, considering the apprehension of the petitioner raised in the petition, this court feels that the petition can be disposed of as follows:
If the petitioner surrenders before the Additional Sessions Court, (Fast Track), No-I in S.C.No.145/2010 in which he is shown as 10th accused pending before that court and moves for recalling the warrant and release him on bail, then, the learned Sessions Judge is directed to consider and dispose of those applications after hearing the Additional Public Prosecutor of that court as far as possible on the same date in accordance with law.
With the above direction and observation, the petition is disposed of.
Communicate this order to the concerned court immediately. Hand over a copy of the order to the concerned Counsel for the petitioner also so as to enable him to produce the same before the concerned court.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge