Salim Thayyil @ Renjith Salim v. State of Kerala

CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 25[TH] DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945 CRL.MC NO. 6292 OF 2023 AGAINST THE ORDER/JUDGMENT LP 67/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PALA** ## **PETITIONER/S:** SALIM THAYYIL @ RENJITH SALIM AGED 68 YEARS S/O G.A.THAYYIL, RESIDING AT THAYYIL HOUSE, P.O. MOOLANKAVU, S.BATHERY WAYANAD, PIN - 673592 BY ADVS. VARGHESE C.KURIAKOSE SUSANTH SHAJI ALBIN A. JOSEPH AMRITHA.J ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI, PIN - 682031 2 PRASAD KUMAR. K.S. AGED 53 YEARS S/O SIVARAMAN NAIR, KOTTARATHIL HOUSE, VELLIYEPPILLY KARA, MEENACHIL VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN – 686574 SRI.HRITHWIK CS, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.10.2023, ALONG WITH Crl.MC.6340/2023, 6343/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 2 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 25[TH] DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945 CRL.MC NO. 6340 OF 2023** **AGAINST THE ORDER/JUDGMENT LP 13/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PALA** ## **PETITIONER/S:** SALIM THAYYIL @ RENJITH SALIM AGED 68 YEARS S/O G.A.THAYYIL, RESIDING AT THAYYIL HOUSE P.O. MOOLANKAVU, S.BATHERY WAYANAD, PIN - 673592 BY ADV VARGHESE C.KURIAKOSE ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI, PIN - 682031 2 T.O. VARGHESE AGED 73 YEARS S/O OUSEPH, MATTATHIL HOUSE, KOZHUVANAL KARA, PULIYANNUR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN – 686575 SRI.HRITHWIK CS, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.10.2023, ALONG WITH Crl.MC.6292/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 3 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 25[TH] DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945 CRL.MC NO. 6343 OF 2023** **AGAINST THE ORDER/JUDGMENT LP 16/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PALA** ## **PETITIONER/S:** SALIM THAYYIL @ RENJITH SALIM AGED 68 YEARS S/O G.A.THAYYIL, RESIDING AT THAYYIL HOUSE, P.O. MOOLANKAVU, S.BATHERY WAYANAD, PIN - 673592 BY ADV VARGHESE C.KURIAKOSE ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI, PIN - 682031 2 ROY LUKOSE, AGED 56 YEARS S/O LUKA, PUTHENPURAYIL HOUSE, WAYALAR KARA, ELAKKADU VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN – 686587 SRI.HRITHWIK CS, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.10.2023, ALONG WITH Crl.MC.6292/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 25[TH] DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945 CRL.MC NO. 6413 OF 2023 AGAINST THE ORDER/JUDGMENT LP 14/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PALA** ## **PETITIONER/S:** SALIM THAYYIL @ RENJITH SALIM AGED 68 YEARS S/O G.A.THAYYIL, RESIDING AT THAYYIL HOUSE, P.O. MOOLANKAVU, S.BATHERY WAYANAD, PIN - 673592 BY ADV VARGHESE C.KURIAKOSE ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI, PIN - 682031 2 SHANTI MATHEW, AGED 53 YEARS W/O GEORGE, MUDIYIL HOUSE, PERUNTHANAM KARA, UZHAVOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686634 BY ADVS. Anil Prasad MANJU PAUL(K/362/1998) C.N.SREEKUMAR(K/716/1996) SABU P.JOSEPH(K/1406/1998) BEYON T. VARGHESE(K/2609/2021) TONY GEORGE THOMAS(K/818/2020),ARYA K.K.(K/1275/2022) SRI.HRITHWIK CS, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.10.2023, ALONG WITH Crl.MC.6292/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 5 ## **P.V.KUNHIKRISHNAN, J** ## **--------------------------------------Crl.M.C. Nos. 6340, 6292, 6343 & 6413 of 2023** **-------------------------------------Dated this the 25[th] day of October, 2023** ## **O R D E R** When these Crl.M.C.s came up for consideration, after arguing for some time, the counsel for the petitioner submitted that petitioner may be allowed to surrender before the court concerned and there may be a direction to consider the bail application on the same day. The petitioner apprehend that he will be remanded if he surrender before the trial court. 2. The petitioner submit that the petitioner is ready to surrender before the jurisdictional court and if he surrender before the jurisdictional court, jurisdictional court may remand him without considering his bail application. 3. The Public Prosecutor submitted that no such CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 6 apprehension is necessary and this court may not pass any direction to the lower court to release the petitioner on bail and that is a matter to be decided by the trial court. 4. This court in _**Vineeth Somarajan @ Ambadi v. State of Kerala and another**_ (2009 (3) KHC 471) relied on the dictum laid down by another learned Single Judge in _**Biju S. Praveen v. State of Kerala and Another**_ (2007 (2) KLT 280) considered this point. It will be better to extract the relevant portion of _**Vineeth Somarajan's**_ case (supra). _“14. The apprehension of the petitioner is that if he appears before the Trial Court, he would be remanded to judicial custody. In Biju v. State of Kerala, 2007 KHC 3436 : 2007 (2) KLT 280 : 2007 (1) KLJ 713 : ILR 2007 (2) Ker. 26 : 2007 (1) KLD 486, Justice A. K. Basheer, after noticing the practice that is being followed by some learned Magistrates (vide paragraph 16) held at paragraph 18 thus:_ _8. As mentioned earlier, Criminal Courts should always be careful while passing orders on bail applications which in effect deal with personal liberty. In cases where the Court decides to send an accused to custody pending trial, it must be ensured that the Court applies its mind judicially and judiciously with particular reference to the facts and circumstances of the case. The mere fact that the accused had failed to respond to a summons or that the Court had to issue non bailable warrant to compel his presence will not ipso facto_ CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 7 _empower the Criminal Court to remand the accused to custody as a punitive measure when he appears before the Court on his own volition or is produced in execution of the warrant. The bail application that may be moved on his behalf has to be considered and orders should be passed on the same day itself since personal liberty of an accused cannot be curtailed in a whimsical or disdainful manner.' I am in respectful agreement with the dictum laid down in Biju v. State of Kerala.”_ 5. In the light of the above dictum laid down by this court, I think the apprehension of the petitioner that the jurisdictional court will remand the accused without application of mind is unnecessary. Therefore, these Criminal Miscellaneous Cases are disposed of with the following directions: 1) The petitioner shall surrender before the jurisdictional court within three weeks from today. If an application for bail with advance copy to the prosecutor concerned is filed at the time of surrender by the petitioner, the jurisdictional court shall consider the same and pass appropriate orders in accordance with law, ideally on the date of surrender itself. 2) In order to enable the petitioner to appear before the CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 8 court below, coercive proceedings pending against the petitioner shall be kept in abeyance for a period of three weeks. 3) All the contentions of the petitioner in these cases are left open. **Sd/P.V.KUNHIKRISHNAN JUDGE** SKS CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 9 ## **APPENDIX OF CRL.MC 6340/2023** PETITIONER ANNEXURES Annexure A1 TRUE PHOTOSTAT COPY OF THE COMPLAINT IN S.T.NO.1466/2009 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALA Annexure A2 TRUE PHOTOSTATE COPY OF THE ORDER DATED 30.03.2012 IN I.P. NO.07/2009 SUB COURT PALA Annexure A3 TRUE PHOTOSTAT COPY OF THE FINAL REPORT DATED 22.04.2009 IN CRIME NO.235/2009 PALA POLICE STATION CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 10 ## **APPENDIX OF CRL.MC 6343/2023** PETITIONER ANNEXURES Annexure A1 TRUE PHOTOSTAT COPY OF THE COMPLAINT IN S.T.NO.1456/2009 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALA Annexure A2 TRUE PHOTOSTATE COPY OF THE ORDER DATED 30.03.2012 IN I.P. NO.07/2009 SUB COURT PALA Annexure A3 TRUE PHOTOSTAT COPY OF FINAL REPORT DATED 22.04.2009 IN CRIME NO.235/2009 PALA POLICE STATION CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 11 ## **APPENDIX OF CRL.MC 6413/2023** PETITIONER ANNEXURES Annexure A1 TRUE PHOTOSTAT COPY OF THE COMPLAINT IN S.T.NO.1451/2009 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALA DATED 13.07.2009 Annexure A2 TRUE PHOTOSTATE COPY OF THE ORDER DATED 30.03.2012 IN I.P. NO.07/2009 SUB COURT PALA Annexure A3 TRUE PHOTOSTAT COPY OF FINAL REPORT DATED 22.04.2009 IN CRIME NO.235/2009 ON THE FILES OF PALA POLICE STATION CRL.MC NOS.6292,6340, 6343 & 6413 OF 2023 12 ## **APPENDIX OF CRL.MC 6292/2023** PETITIONER ANNEXURES Annexure 1 TRUE PHOTOSTAT COPY OF THE COMPLAINT IN S.T.NO.1431/2009 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALA DATED 09.07.2009 Annexure 2 TRUE PHOTOSTATE COPY OF THE ORDER DATED 30.03.2012 IN I.P. NO.07/2009 SUB COURT-I, PALA Annexure 3 TRUE PHOTOSTAT COPY OF FINAL REPORT. DATED 22.04.2009 IN CRIME NO.235/2009 , PALA POLICE STATION