A single-judge criminal miscellaneous application sought to set aside a dismissal order and grant bail. The court directed the lower court to consider the bail application expeditiously upon the petitioner's surrender.
Order to consider and dispose of the bail application expeditiously upon the petitioner's surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Crl.MC.No. 721 of 2009() -----------------------CRMP.445/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM ................................................ PETITIONER(S): ACCUSED:
-----------------------------------------
TRAVANCORE POLYMERS, INDUSTRIAL DEVELOPMENT AREA, EDAYAR, BINNANIPURAM, ALWAYE. REP. BY ITS MASNAGING PARTNER, JERRY FARAIRA, AGED 47 YEARS, S/O.LATE LAZAR FARAIRA, THOPPIL, ST.ANTONY'S BUNGLOW, EDAMBADOM KARA, VARAPUZHA VILLAGE.
BY ADV. MR.NAVEEN THOMAS
RESPONDENT(S): STATE & COMPLAINANT:
-----------------------------------------------------------------
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SOUTHERN REFINERIES PRIVATE LTD. CORPORATE OFFICE, KAVADIAR, TRIVANDRUM.
R1 BY PUBLIC PROSECUTOR MR. P.A.SALIM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
ORDER ON CRL.M.A.NO.995/09 IN CRMC.NO.721/2009
DISMISSED
19/02/2009 SD/- M.N.KRISHNAN, JUDGE
/TRUE COPY/
P.A.TO JUDGE
Kss
M.N. KRISHNAN, J.
= = = = = = = = = = = = = = CRL.M.C. NO. 721 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of February, 2009.
This petition is filed to set aside the dismissal order in Crl.M.P.445/09 in L.P.147/02 in S.T.12/01 of Judicial First Class Magistrate-V, Trivandrum and dispense with the personal appearance of the petitioner and grant bail and also recall the said warrant. It is interesting to see that the case is of the year 2001 and it has been transferred to the L.P. Register as early as in 2002 and now an attempt is made to appear before the Court in 2009. I do not want to elaborate further.
CRL.M.C. 721 OF 2009
-:2:-
application and the mere absence of him for a long time shall
not be a guiding factor in rejecting the bail application.
The CRL.M.C. is disposed of accordingly.
Sd/-
M.N. KRISHNAN, JUDGE.
ul/-
[True copy]
2 issues framed by the court
Whether the bail application of the petitioner, who has been absent for a long time, should be circulated or is liable to be rejected.
Whether the long absence of the petitioner is a guiding factor in rejecting his bail application.
Transavore Polymers & Anr.
State of Kerala
M.N. Krishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
