Disposed

Shamsudin v. Circle Inspector of Police

Kerala HC3 Mar 2008Crl.MC/3072/2006

Case brief

AI extract

What is this about?

Criminal Miscellaneous case where the petitioner, facing non-bailable warrants for offences under the IPC, was permitted to surrender to the Magistrate and apply for regular bail within two weeks, with consideration on merits despite warrant pendency; discharge plea also permitted.

What did the court decide?

Permitted petitioner to surrender before Magistrate and apply for regular bail within two weeks; bail application to be considered on merits on same date as filing; petitioner may plead for discharge.

Shamsudin Vs Circle Inspector of Police — 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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MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929

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Crl.MC.No. 3072 of 2006(D)

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C.P. NO. 18/97 of JUDICIAL FIRST CLASS MAGISTRATE, CHAVAKKAD CR NO. 44/95 of CHAVAKKAD POLICE STATION

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PETITIONER: 4TH ACCUSED IN SC 43/98

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SHAMSUDIN, S/O.NALAKATH BAVU, MARATHANKKODE DESOM, THALAPPILLY TALUK.

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BY ADV. SRI.P.K.ANIL

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RESPONDENTS: COMPLAINANT/STATE

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THE CIRCLE INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION.

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STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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= = = = = = = = = = = = =

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Crl.M.C.No. 3072 of 2006

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= = = = = = = = = = = = = = Dated this the 3^rd day of March, 2008

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ORDER

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Petitioner, who is the accused in Crime No. 44 of 1995 of Chavakkad Police Station for offences punishable under Sections 143, 147, 148, 307 r/w Section 149 IPC and whose case is pending before the J.F.C.M, Chavakkad as C.P.No.18 of 1997 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

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Crl.M.C.No.3072 of 2006

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disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of non bailable warrants, if

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any, against him. The petitioner may also plead for a discharge in the meanwhile contending that the co-accused in the case have been acquitted after trial.

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V. RAMKUMAR, JUDGE.

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Shamsudin v. Circle Inspector of Police

Case brief

What is this about?

What did the court decide?

Shamsudin v. Circle Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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