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2022 Supreme(Online)(KER) 34467
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
MANDHA PRADHAN
– Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 9662 2022
K.MOHAMMED RAFEEQ, SANALDEV E.P., AMARNATH R LAL, VISHNUMAYA ANANDAN
The court emphasized that surrendering accused individuals must have their bail applications considered promptly to safeguard their legal rights.
Headnote:
Narcotics - Accused Rights - Narcotics Drugs and Psychotropic Substances Act 1985 - Section 20(b)(ii)(B), Code of Criminal Procedure - Sections 82, 83 - The court allowed petitioners to surrender and directed the trial court to consider bail application on the date of surrender.
Fact of the Case:
The petitioners were accused of possessing Ganja under the Narcotics Drugs and Psychotropic Substances Act. They sought to surrender before the trial court while ensuring their bail application would be considered the same day due to a pending warrant.
Finding of the Court:
The court allowed the petitioners to surrender within three weeks and directed the trial court to consider their bail application promptly, ensuring their rights were upheld during the surrender process.
Issues: Whether the accused could surrender and have their bail application considered on the date of surrender despite the pending warrant.
Ratio Decidendi: Maintaining the rights of the accused, the court held that surrendering petitioners should have their bail applications addressed immediately to uphold judicial efficiency and fairness.
Final Decision: Petitioners allowed to surrender and file bail application to be considered on the same day.
ORDER
The petitioners are the accused in Crime No.317/2015 of Thumba Police Station. The above case is registered against the petitioners alleging offence punishable under Section 20(b)(ii)(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 .
2. The prosecution case is that, petitioners are migrant laborers staying in labour camps and on 08.05.2015, at about 09:45 AM, they were found in possession of 1.200Kg of Ganja. The petitioners were enlarged on bail by the trial court. Subsequently, the petitioners went back to their home town at West Bengal.
3. It is the case of the petitioners that they were not served with any summons and now the case is included in the LP register and warrant is also pending with Sections 82 and 83 of the Code of Criminal Procedure . The petitioners submit that they are ready to surrender before the Court concerned and their apprehension is that, if they surrender, their bail application may not be considered on same day. Therefore, this Crl.MC is filed.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. After hearing both sides, I think this Crl.MC is disposed of allowing the petitioners to surrender before the trial court and there can be a direction to consider the bail application on the date of surrender itself.
Therefore, the Crl.MC is disposed of with the following directions;
(i) The petitioners are free to surrender before the trial court within three weeks.
(iii)At the time of surrender, petitioners are free to file a bail application with advance copy to the prosecutor concerned.
(ii)If such an application is received, the trial court will consider the bail application on the date of surrender itself and pass appropriate orders in accordance with law.
