Kerala High Court Pulls Up Magistrate For Dismissing Bail Plea When Application To Quash Proceedings U/S 482 CrPC Was Pending Before HC

The Kerala High Court recently took exception to a Magistrate for dismissing a bail application when a plea was already pending before the High Court for quashing the proceedings. 

Justice P.V. Kunhikrishnan expressed his dissatisfaction towards the Magistrate for dismissing the plea for bail in the present circumstances. 

The petitioners had been accused of trespassing into the house of the de facto complainant and attacking him with an iron rod, as well as threatening the son of the latter.

The petitioners averred in their plea before the High Court that the complaint had been a misunderstanding, and that the was settled between the parties. The petitioners asserted that the respondents had also affirmed the settlement by swearing separate affidavits in that regard. 

"I am dissatisfied with the stand taken by the learned Magistrate. The learned Magistrate will reconsider the matter if a bail application is filed with an advance copy to the prosecutor concerned on the date of filing the bail application itself," the Court observed 

It thus directed the Registry to get a report from the concerned Magistrate as to why the bail application had been dismissed during the pendency of the present plea before the High Court for quashing the entire proceedings in the case. 

It further clarified that the 2nd and 3rd petitioners shall not be arrested till the next date of posting, and directed the Public Prosecutor to get instructions. 

The matter has been posted for further consideration on December 19, 2023. 

The present plea has been moved through Advocate Abraham Mathan. 

Case Title: Justin & Ors. v. State of Kerala & Ors. 

Case Number: CRL.MC NO. 10334 OF 2023

Click Here To Read/Download The Order