Dismissed

V.C.Muneer v. S.I.Police

Kerala HC11 Jan 2010Crl.MC/72/2010

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court of Kerala disposed of a bail application filed by the fifth accused. The petitioner argued that a previous order directed the Magistrate to consider bail as if no Section 308 IPC allegation existed. The Court held it was the Magistrate's duty to consider such applications without delay and found no reason to intervene.

What did the court decide?

The petition was disposed of; no specific bail was granted; direction to Magistrate to consider bail applications was refused.

V.C.Muneer Vs S.I.Police — Cheating and Forgery | Kerala HC (2010)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

¶4

MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931

¶5

Crl.MC.No. 72 of 2010()

¶6

---------------------------------CP.29/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, THAMARASSERY.

¶7

PETITIONER(S): ACCUSED:

¶8

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

¶9

V.C.MUNEER, S/O. KUNJAYIN, VELLACHALIL, P.O.VELIMANNA, RAROTH AMSOM, VELIMANNA DESOM, KOZHIKODE TALUK.

¶10

BY ADV. MR.P.V.KUNHIKRISHNAN

¶11

RESPONDENT(S):

¶12

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

¶13

1. SUB INSPECTOR OF POLICE, KODANCHERRY POLICE STATION, KOZHIKODE.

¶14

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

¶15

R1 & R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Kss

¶18

M.SASIDHARAN NAMBIAR,J.

¶19

------------------------------------------ Crl.M.C.NO.72 OF 2010 ------------------------------------------ Dated 11^th January 2010

¶20

O R D E R

¶21

Petitioner is the fifth accused

¶22

in C.P.29/2009 on the file of Judicial

¶23

First Class Magistrate-II, Thamarassery. Petition is filed under Section 482 of Code of Criminal Procedure to consider his application for bail on the date of his

¶24

surrender itself.

¶25

Learned counsel appearing for

¶26

the petitioner was heard.

¶27

Argument of the learned counsel

¶28

is that by Annexure-A order passed by this court in the bail application filed by other accused, this court has directed to consider application for bail, as if no allegation under Section 308 of Indian

¶29

¶30

Crmc 72/10

¶31

Penal Code is involved.

¶32

When an accused surrenders and files

¶33

an application for bail, it is for the Magistrate to consider the application for bail without delay. It is for the Magistrate to consider all the relevant facts which is brought to his attention. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such

¶34

circumstances, no direction is warranted.

¶35

Petition is disposed.

¶36

M.SASIDHARAN NAMBIAR, JUDGE.

¶37

uj.

V.C.Muneer v. S.I.Police

Case brief

What is this about?

What did the court decide?

V.C.Muneer v. S.I.Police

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

Coram

Case details

Similar cases

Fr.Jose Areechirayil Vs State of Kerala

Aziz Vs State of Kerala

Jayamon Babu Vs State of Kerala

P.K.Ammad Vs Thazhekkuniyil Saleena and Another

Ashraf Vs State of Kerala

Sreekumar Vs State of Kerala