Disposed

Johnson Dominic v. Sulaiman & Another

Kerala HC10 Jan 2008Crl.MC/128/2008

Case brief

AI extract

What is this about?

The Court permitted the petitioner, an accused in a pending trial with non-bailable warrants, to surrender before the Magistrate and apply for regular bail within two weeks, ensuring his application for bail would be disposed of on merits regardless of the warrant pendency.

What did the court decide?

Permission to surrender within two weeks and file application for regular bail; bail application to be disposed of on merits despite outstanding N.B.Ws.

Johnson Dominic Vs Sulaiman & Another — Bail and Remand | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929

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Crl.MC.No. 128 of 2008()

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-----------------------CC.390/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI

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PETITIONER: ACCUSED NO.2

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JOHNSON DOMINIC, S/O.DOMINIC, AGED 44, PARACKAL VEEDU, KALATHUKADAVU P.O., KOTTAYAM.

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BY ADV. SRI.GEORGE MATHEW

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SRI.SUNIL KUMAR A.G

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RESPONDENTS: COMPLAINANT & STATE

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SULAIMAN, S/O.IBRAHIM, VACHAKAL VEEDU, SHALYAMPARA P.O., VELLATHOOVAL, ADIMALI.

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STATE OF KERALA, REP. BY S.I. OF POLICE, ADIMALI THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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= = = = = = = = = = = = = Crl.M.C.No.128 of 2008

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= = = = = = = = = = = = = = Dated this the 10^th day of January, 2008

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ORDER

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Petitioner, who is the accused in Crime No.49 of 2004 of Adimaly Police Station for offences punishable under Sections 406 read with 34 IPC and whose case is pending before the J.F.C.M, Adimaly as C.C.No. 390 of 2006 seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself.

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Admittedly non bailable warrants of arrest are pending against the petitioner. The circumstances under which those non bailable warrants of arrest came to be issued against the petitioner are not discernible to this Court. It is only proper that the petitioner surrenders before the learned Magistrate and seeks regular bail.

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Accordingly, this Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the learned Magistrate and file an application for regular bail within a period of two weeks from today. In case the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed not withstanding the pendency of any non bailable warrants, if any, against him.

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V. RAMKUMAR, JUDGE

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Johnson Dominic v. Sulaiman & Another

Case brief

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Johnson Dominic v. Sulaiman & Another

Case brief

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