Allowed

Veenus v. State of Kerala

Kerala HC5 Nov 2008Crl.MC/3733/2008

Case brief

AI extract

What is this about?

Court allowed Criminal Misc. Case entitling petitioner to set-off for detention period from 31.10.1996 to 13.02.1997 under Section 428 Cr.P.C. Directions issued to prison authorities and Magistrate for revised warrant and immediate relief.

What did the court decide?

Petitioner is entitled for set-off of detention pending investigation/trial for period from 31.10.1996 to 13.02.1997. Revised warrant of commitment to be issued forthwith.

Veenus 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 R.BASANT

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WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930

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Crl.MC.No. 3733 of 2008() ------------------------C.C.NO.72/94 OF J.F.C.M, CHALAKUDY

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PETITIONER(S): PETITIONER

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VEENUS, S/O. KOCHAPPU, ULLATTIKULAM HOUSE, PULLUR.

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BY ADV. SRI.K.A.SREEJITH

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RESPONDENT(S): ---------------

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STATE OF KERALA, REPRESENTED BY S.I.OF POLICE, CHALAKUDY REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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PUBLIC PROSECUTOR SRI.S.U.NAZAR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.BASANT, J

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Crl.M.C. No.3733 of 2008

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Dated this the 5^th day of November, 2008

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ORDER

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This order must be read in continuation of the order passed earlier in this Crl.M.C on 16.10.08. Pursuant to the directions issued by this Court on 16.10.08, the learned Chief Judicial Magistrate, Trichur has conducted a detailed enquiry and has submitted a report to inform this Court that the petitioner herein is entitled for set off for the period 31.10.1996 to 13.02.1997 in C.C.No.72 of 1997 of Judicial Magistrate of the First Class, Chalakkudi. The learned Public Prosecutor raises no objection against that finding of fact. The learned counsel for the petitioner submits that the petitioner shall be satisfied if consequential directions are issued.

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This Crl.M.C is, in these circumstances, allowed. It is held that the petitioner is entitled for set off for the period 31.10.1996 to 13.02.1997 in C.C.No.72 of 1997 of Judicial Magistrate of the First Class, Chalakkudi as he was under remand in Crime No.283 of 1994 of Anthikkad Police Station during 31.10.96 to 13.02.1997. Credit shall be given under

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Crl.M.C. No.3733 of 2008 2

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Section 428 Cr.P.C for this period of detention pending investigation/trial.

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Communicate a copy of the order to the prison authorities and the learned Judicial Magistrate of the First Class, Chalakkudy. Revised warrant of commitment shall be issued forthwith and the petitioner shall be given the advantage of the said directions immediately.

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Hand over a copy of this order to the learned counsel for the petitioner.

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(R.BASANT, JUDGE)

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rtr/-

Veenus v. State of Kerala

Case brief

What is this about?

What did the court decide?

Veenus v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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