Disposed

M.M.Haneefa v. State of Kerala

Kerala HC15 Jan 2008Crl.MC/180/2008

Case brief

AI extract

What is this about?

The High Court of Kerala permitted a criminal petitioner, an accused in a passport and forgery case, to surrender and file a bail application within two weeks. The notice allowed bail consideration on merits despite pending non-bailable warrants if the surrender condition is met.

What did the court decide?

Petitioner permitted to surrender before Magistrate and file bail application within two weeks; bail shall be considered on merits notwithstanding pending non-bailable warrants.

M.M.Haneefa Vs State of Kerala — 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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TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929

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Crl.MC.No. 180 of 2008()

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-----------------------CC.77/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR

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PETITIONER:

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M.M.HANEEFA, S/O.MOIDEEN, THACHANADI, VADAKKANCHERRY.

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BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN

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RESPONDENTS:

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STATE OF KERALA, REP. BY THE 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 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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= = = = = = = = = = = = = Crl.M.C.No.180 of 2008

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= = = = = = = = = = = = = = Dated this the 15^th day of January, 2008

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ORDER

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Petitioner, who is the accused in Crime No.170 of 2002 of Vadakkanchery Police Station for offences punishable under Section 465 IPC and Section 12(1)(b) of the Passport Act and whose case is pending before the J.F.C.M, Alathur as C.C.No.77 of 2005 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 non bailable warrants, if any, against him.

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V. RAMKUMAR, JUDGE

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M.M.Haneefa v. State of Kerala

Case brief

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M.M.Haneefa v. State of Kerala

Case brief

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