IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 33507 of 2009(Q) ----------------------------------- CRIME NO.1935/2009 OFEDUMBASSERY POLICE STATION, ERNAKULAM ..... PETITIONER(S): ------------------------- VENU NARAYANAN, AGED 31 YEARS, S/O.RAJAN PILLAI, SRI BHAVAN, PADINATTEKIZHAKKU, SOORANADU P.O., KOLLAM. BY ADV. MR.ESM.KABEER RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, AIR PORT POLICE STATION, NEDUMBASSERY. BY GOVT. PLEADER MR.K.S.SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No.33507 OF 2009 =========================== Dated this the 23rd day of November,2009 JUDGMENT A look out notice was issued in Thane Kopari Police Station Crime 100/2007 against Vimal Kumar Rajan Pilla registered for the offence under sections 465,468, 471 of Indian Penal Code. When Vimal Kumar, who is employed in Kuwait as Safety Engineer, landed in Nedumbassery Airport on 17.11.2009 at 8.40 a.m he was arrested. Ext.P1 F.I.R was registered under section 41)1)(a)(b) of Code of Criminal Procedure on getting information from the emigration section of the Airport. He was produced before the learned Magistrate and he was remanded to Sub Jail. This petition is filed by the brother of Vimal Kumar under Article 226 of Constitution of India, for a direction to release his brother from Sub Jail and to permit him to surrender before the Magistrate in the Thane caseand move an application for bail in Crime No.100/2007 of Kopari Police Station. 2. Learned Government pleader and the learned counsel appearing for the petitioner was heard. W.P.(C)33507/2009 2 3. As the petition was moved on the evening of 20.11.2009 and there was no time for the prosecutor to get instructions, the case was posted for today, after directing that Vimal Kumar shall not be taken to Thane till today. Learned Government pleader on instructions submitted that Thane Police has produced a warrant authorising to take Vimal Kumar to Thane. 4. Section 78 of Code of Criminal Procedure provides the procedure for forwarding warrant for execution outside the local jurisdiction of a court. Section 81 provides the procedure to be followed by the Magistrate before whom such a person against whom a warrant is forwarded as provided under section 78, is arrested and produced. Under sub section (1) the Executive Magistrate or District Superintendent of Police or Commissioner of Police shall direct his removal in custody to such court. If the person arrested appears to be the person intended by the court, which issued the warrant, first proviso provides that if the offence is bailable and such person is ready and willing to give bail to the satisfaction of such Magistrate, the Superintendent of Police or the Commissioner of Police shall take such bail or security and forward the bond to the court which issued the warrant. The second proviso provides that if the offence is non W.P.(C)33507/2009 3 bailable one, it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of Section 437) or the Sessions Judge of the district in which the arrest is made, on consideration of the information and the documents referred to in sub section (2) of Section 78 to release such person on bail. 5. The offences alleged against Vimal Kumar the brother of the petitioner are under sections 465,468 and 471 of Indian Penal Code. Learned counsel appearing for the petitioner submitted that Vimal Kumar, is prepared to surrender before the concerned Magistrate at Thane and apply for bail and petitioner is also prepared to give any security or bond for his production. 6. In such circumstances, when second proviso to Section 81 of Code of Criminal Procedure enables the Chief Judicial Magistrate or the Sessions Judge to release the person arrested and brought before them in execution of warrant under Section 78 of Code of Criminal Procedure, I find that the sufficient direction could be issued to release Vimal Kumar on bail with a direction to appear before the concerned Magistrate within a specified time and apply for regular bail from that court. 7. Judicial First Class Magistrate II, Aluva is directed to release the petitioner on bail on executing a W.P.(C)33507/2009 4 bond for Rs.1,00,000/-(Rupees One lakhs only) with two solvent sureties for the like sum to the satisfaction of the learned Magistrate, out of which one shall be the petitioner herein, undertaking to appear before the concerned Magistrate at Thane within ten days from today. On such appearance it is for the Vimal Kumar to apply for bail and it is for that Magistrate to pass appropriate order in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006