Dismissed

Nishar v. State of Kerala

Kerala HC15 Jun 2010Bail Appl./2742/2010

Case brief

AI extract

What is this about?

This judgment dismisses a bail application seeking anticipatory bail. The court held that materials were insufficient to conclude the non-bailable warrant was issued by mistake, directing the petitioner to surrender before the Magistrate Court.

What did the court decide?

Petitioner directed to surrender before Magistrate Court and seek relief if warrant was wrongly issued; anticipatory bail denied.

Nishar Vs State of Kerala — Anticipatory Bail | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MRS. JUSTICE K.HEMA

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TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932

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Bail Appl..No. 2742 of 2010()

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(CRIME NO.225/2007 NOW PENDING ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI)

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PETITIONER

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NISHAR, S/O.SIDHI PADINJAREPURACKKAL, AYIRUR AMSOM PERUMPADAPPU, BEACH ROAD, PONNANI TALUK PALAPPETTY PO, MALAPPURAM DISTRICT

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BY ADV. SRI.K.B.ARUNKUMAR

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RESPONDENT(S): --------------STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PERUMPADAPPU POLICE STATION, PONNANI, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.HEMA, J

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B.A No.2742 OF 2010

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Dated this the 15^th day of June 2010

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ORDER

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This petition is for anticipatory bail.

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The alleged offences are under Sections 143, 147, 148,

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427 r/w 149 of IPC. According to prosecution, petitioner along with few others formed into an unlawful assembly and committed various offences.

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Learned counsel for petitioner submitted that charge is laid before the Magistrate Court and crime was registered in the year 2006. It is stated by the petitioner in the bail application that non-bailable warrant was issued to him by the Magistrate Court, after issuance of summons. It is submitted that petitioner is falsely implicated under political influence.

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On hearing both sides, I am satisfied that petitioner is sought to be arrested as per the warrant issued by the Magistrate Court. Petitioner is bound to appear before the Magistrate Court and seek appropriate relief unless he can satisfy that the warrant is issued wrongly. There are no materials before this court to hold that the warrant is issued by mistake. It appears that summons was issued to the petitioner and according to petitioner, it was not

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B.A No.2742 OF 2010

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served on him. Petitioner may surrender before the Magistrate Court itself and satisfy the learned Magistrate that warrant was wrongly issued without serving summons on him and seek appropriate relief. I do not find any ground to grant anticipatory bail.

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Petition is dismissed.

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K.HEMA JUDGE

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vdv

Nishar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nishar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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