Jerry v. State of Kerala
Case brief
What is this about?
Petitioners sought directions to High Court preventing execution of coercive processes while securing regular bail before Magistrate, citing Alice George.
What did the court decide?
Suspension of coercive processes until 17/9/08 and direction to Magistrate to consider bail application expeditiously on surrender.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930
Crl.MC.No. 3334 of 2008()
-------------------------------------(C.C.NO.157/02 OF ADDL.CHIEF JUDICIAL MAGISTRATES COURT, THIRUVANANTHAPURAM)
PETITIONER: A1 TO 3 AND 5:
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1. JERRY, AGED 25 (A1), S/O.JOSEPH PEREIRA, RESBI QUARTERS, KUNNIL ROAD, JAGATHY, JAGATHY WARD, THIRUVANANTHAPURAM.
2. RAHUL, AGED 25 (A2), S/O.SUKUMARAN NAIR, GOWREESAM VEEDU, KARIYAM, EDAVUKKAD WARD, ULLOOR VILLAGE.
3. SREEKANTH, AGED 26 (A3), S/O.SISUPALAN, SREE SALA, T.C.1/1388, MEDICAL COLLEGE WARD, THIRUVANANTHAPURAM.
4. RAJEEVE, AGED 26 (A5), S/O.SASIDHARAN NAIR, GIRIJA BHAVAN, PEROORKONAM, EDAVAKKODE WARD, ULLOOR VILLAGE.
Issues for consideration
2 issues framed by the court
Whether coercive processes against accused who are on risk of arrest should be suspended upon bail application to magistrates.
Whether special directions are required to ensure magistrates consider regular bail applications on merits expeditiously.
Parties & counsel
- petitioner
JERRY AND OTHERS
- respondent
THE STATE OF KERALA
Coram
R. BASANT
Case details
As recorded by the court registry
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