Allowed

Shajan v. the State of Kerala

Kerala HC16 Feb 2010Crl.MC/530/2010

Case brief

AI extract

What is this about?

The court set aside a non-bailable warrant issued without issuing summons. It directed the Judicial Magistrate to release the petitioners on bail upon their surrender, ensuring summons were issued before the arrest warrant. The original matter was disposed by recalling the warrant.

What did the court decide?

The non-bailable warrant is recalled and shall not be executed; the Judicial Magistrate is directed to release petitioners on bail upon surrender and dispose of the bail application without delay.

Shajan Vs the State of Kerala — Bail and Remand | 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 MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931

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Crl.MC.No. 530 of 2010()

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-----------------------------------CRIME NO. 532/2009 OF CHALAKKUDY POLICE STATION

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PETITIONER(S): ACCUSED NO. 2 AND 3 ------------------------

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1. SHAJAN, AGED 42, S/O. VELAYUDHAN, CHEMMANDAPARAMBIL HOUSE, P.O.KANAKAMALA, THRISSUR DISTRICT.

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2. TILAKAN V.V., AGED 47 YEARS, S/O. VELAYUDHAN, VAILIKADA HOUSE, POTTA P.O., CHALAKKUDY.

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BY ADVS. MR.K.I.ABDUL RASHEED

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MR.C.MOIDEEN KUTTY

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SMT.SEEMA.E.GEORGE

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MR.K.A.SHAMSUDEEN

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SMT.V.H.JASMINE

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RESPONDENT(S): COMPLAINANT

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---------------------------

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1. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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2. THE SUB INSPECTOR OF POLICE CHALAKKUDY, THRISSUR DISTRICT.

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BY PUBLIC PROSECUTOR MR. S.U.NAZAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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M.SASIDHARAN NAMBIAR,J.

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========================

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Crl.M.C No.530 OF 2010

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====================

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Dated this the 16^th day of February, 2010.

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O R D E R

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Petitioners are accused Nos. 2 and 3 in Crime

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No.532/2009 of Chalakudy Police Station taken cognizance of the offences under Section 406,468, and 420 read with 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to recall the non bailable warrant issued, without issuing summons and to direct the Magistrate to release the petitioners on bail.

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The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.

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The learned counsel appearing for the petitioners pointed out that Annexure-1 final report shows that petitioners were not arrested and the final report was filed as if they were absconding and the learned Magistrate was not justified and issuing non bailable warrant without issuing summons.

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Crl.M.C No.530 OF 2010 2

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Annexure-1 final report submitted by the Sub Inspector of Police, Chalakudy taken cognizance by the learned Magistrate and produced by the petitioner shows that on 1.1.2010 the learned Magistrate took cognizance of the offence under Section 406,468, and 420 read with 34 of Indian Penal Code and issued non bailable warrant without issuing summons. The learned Magistrate was not justified in issuing non bailable warrants before issuing summons.

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In such circumstance, Judicial Magistrate First Class, Chalakudy is directed to consider the petition for bail if any, filed by the petitioners on the date of their surrender/appearance and pass orders in the bail application, in accordance with law without delay. The non bailable warrant issued shall not be executed.

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Petition is disposed.

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M.SASIDHARAN NAMBIAR,JUDGE.

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mns

Shajan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Shajan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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