Disposed

Poovannur Edakkatil Basheer v. State of Kerala

Kerala HC3 Mar 2008Crl.MC/881/2008

Case brief

AI extract

What is this about?

The Court disposed of a Criminal Misc. case allowing the petitioner, a 4th accused with pendency of non-bailable warrants, to surrender before the trial Magistrate and file for regular bail within two weeks, directing the Magistrate to consider the application on merits without delay.

What did the court decide?

Petitioner permitted to surrender before Magistrate and file application for regular bail within two weeks; Magistrate to dispose of bail application on merits.

Poovannur Edakkatil Basheer 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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MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929

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Crl.MC.No. 881 of 2008()

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-----------------------AGAINST THE ORDER IN LP.1/1999 IN CC.343/1994 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE

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PETITIONER:

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POOVANNUR EDAKKATIL BASHEER, S/O.KUNHAMMU, AGED 33 YEARS, KODIYATTU HOUSE, PULLUMKUNNU, RAMANATTU KARA, KOZHIKODE DISTRICT.

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BY ADV. SRI.P.R.SREEJITH SRI.K.B.SAJEESH

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RESPONDENTS:

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

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BY PUBLIC PROSECUTOR SRI. M.S. BREEZE

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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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*** * * * * * * * * * * * * * * * * * Crl.M.C. No. 881 of 2008**

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*** * * * * * * * * * * * * * * * * * Dated: 03-03-2008**

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ORDER

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Petitioner who is the 4^th accused in Crime No. 983 of 1993 of City Traffic Police, Kozhikoee for offences punishable under Sections 279 and 337 I.P.C.and whose case is now pending before the J.F.C.M. -V, Kozhikode as L. P. C. 1 of 1999, 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 nonbailable 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 J.F.C.M. and seeks regular bail.

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Accordingly, this Crl.M.C. 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 notwithstanding the pendency of any non-bailable warrants, if any, against him and after considering the explanation offered by the petitioner for his previous non-appearance. Considering the fact that it is a very old case, the Magistrate shall take an earnest endeavour to dispose of the case as expeditiously as possible.

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Sd/-V. RAMKUMAR, (JUDGE)

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/true copy/

Poovannur Edakkatil Basheer v. State of Kerala

Case brief

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Poovannur Edakkatil Basheer v. State of Kerala

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