Usman v. State of Kerala
Case brief
What is this about?
The High Court held that since a non-bailable warrant was pending, the proper procedure was for the accused to approach the Sessions Court to cancel it under Section 70(2) Cr.P.C. The petitioner was directed to surrender by 27.2.2010.
What did the court decide?
Petitioner directed to surrender before the Court on or before 27.2.2010; upon surrender, the Sessions Court may be allowed to grant bail.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS
FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931
Crl.MC.No. 3 of 2010()
---------------------SC.191/2004 of SESSIONS COURT, PALAKKAD CP.24/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD
PETITIONER/ACCUSED:
USMAN, S/O. LATE KUNJUMUHAMMED, VELLUKUZHY HOUSE, KEEZHMAD KARA THOTTUMUGHAN, ALUVA EAST VILLAGE ALUVA TALUK, ERNAKULAM.
BY ADV. SRI.A.C.DEVY
RESPONDENT/COMPLAINANT:
-------------------------------------------STATE OF KERALA, REP. BY THE PUBLIC PROSOECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
Issues for consideration
1 issue framed by the court
Whether a petition under Section 482 Cr.P.C. can be entertained when a non-bailable warrant is pending against the accused without first approaching the Sessions Court.
Parties & counsel
- petitioner
USMAN
- respondent
STATE OF KERALA
Coram
M.L. JOSEPH FRANCIS
Case details
As recorded by the court registry
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