IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Crl.MC.No. 3615 of 2008() ------------------------- CP.73/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): 5TH ACCUSED -------------------------- RAMESH, S/O. MOHANAN, CHATTUPARAMBIL HOUSE, KANAKAMALA DESOM KODAKARA, THRISSUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT -------------------------- 1. THE SUB INSPECTOR OF POLICE, KODAKARA REP BY. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUPERINTENDENT OF JAIL, SUB JAIL, IRINJALAKUDA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3615 of 2008 ---------------------------------------- Dated this the 25th day of September 2008 O R D E R The plight of the petitioner deserves sympathy. He is the fifth accused in C.P.No.73/2008 pending before the learned J.F.C.M, Irinjalakkuda which arises from the final report filed in crime No.218/2007. He was enlarged on bail as per Annexure I order of the Sessions Judge. In that case, final report has already been filed and committal proceedings was registered. The order of committal was passed. Even though the petitioner is on bail in that case, he happened to remain in custody on the date of the order of committal in another later crime that is crime No.180/08 of the same police station - Kodakara police station. Because he was in custody though he was enlarged on bail, the learned Magistrate had issued a production warrant to produce him before the Sessions Judge as and when directed by the Sessions Court . 2. In crime No.180/08 of Kodakara police station, the petitioner has already been granted regular bail by another Bench of this court as per Annexure II order. According to the Crl.M.C.No.3615/08 2 petitioner, he has executed the necessary bail bonds. But he was not released on bail because there is a direction in C.P.No.73/08 that the petitioner must be produced before the Sessions Judge. The petitioner is thus continuing in custody unnecessarily though he has already been enlarged on bail in both crimes. 3. The petitioner attempted to approach the learned Magistrate. But the learned Magistrate pleads helplessness as he has already committed the case C.P.No.73/08, it is submitted. The petitioner wanted to approach the learned Sessions Judge; but the order of committal having not already reached the Sessions Court (or atleast cognizance having not been taken by the learned Sessions Judge), the learned Sessions Judge also does not issue any directions. It is, in these circumstances, that the petitioner has rushed to this court. 4. The petitioner now remains in custody in both cases as per the orders of the learned J.F.C.M, Irinjalakkuda. I am, in these circumstances, satisfied that the learned J.F.C.M, Irinjalakkuda can be directed to pass appropriate orders. 5. In the result, this petition is allowed. The learned J.F.C.M, Irinjalakkuda shall verify records and ascertain whether Crl.M.C.No.3615/08 3 the petitioner has already been granted bail and has complied with the directions regarding execution of bonds. If the petitioner has already been granted bail and has executed the necessary documents, the learned Magistrate shall forthwith direct the prison authorities to release the petitioner from custody with directions to him to appear before the Sessions Court as and when he receives summons from the Sessions Court . 6. Hand over copy of this order to the learned counsel for the petitioner forthwith. (R.BASANT, JUDGE) jsr Crl.M.C.No.3615/08 4 Crl.M.C.No.3615/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008