Disposed

R. Palani Samy v. State of Kerala

Kerala HC9 Jan 2008Crl.MC/90/2008

Case brief

AI extract

What is this about?

The High Court permitted the accused petitioner to surrender before the trial Magistrate and file an application for regular bail within two weeks. The court directed that the bail application would be considered on merits on the day of filing, despite pending non-bailable warrants.

What did the court decide?

Permitted the petitioner to surrender and file a bail application within two weeks for consideration on merits on the date of filing.

R. Palani Samy 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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WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929

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Crl.MC.No. 90 of 2008()

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C.C.NO.134/2006 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE, PALAKAD CRIME NO.252/2002 OF THE PALAKKAD TOWN SOUTH POLICE STATION0.

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PETITIONER: ACCUSED:

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R. PALANI SAMY, S/O.RASAPPA GOUNDER, NO.166, RAILWAY CONOTRACTOR, SATHY ROAD, K.KULAM, V.CHATRAM POST, ERODE-638 004.

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BY ADV. SRI.JACOB SEBASTIAN

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RESPONDENTS: COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY 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 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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= = = = = = = = = = = = = Crl.M.C.No.90 of 2008

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= = = = = = = = = = = = = = Dated this the 9^th day of January, 2008

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ORDER

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Petitioner, who is the accused in Crime No.252 of 2002 of Palakkad Town South Police Station for the offence punishable under Section 420 IPC and whose case is pending before the Chief Judicial Magistrate, Palakkad as C.C.No.134 of 2006 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 any non bailable warrants, if any, against him.

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V. RAMKUMAR, JUDGE

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R. Palani Samy v. State of Kerala

Case brief

What is this about?

What did the court decide?

R. Palani Samy v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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