Dismissed

Shaiju v. State of Kerala

Kerala HC2 Aug 2012Bail Appl./5238/2012

Case brief

AI extract

What is this about?

Petitioner, accused in offences under IPC sections 279, 337, 338 and 304A, sought anticipatory bail. Having absconded (alleged presence abroad) and evading non-bailable warrants, leading to proceedings under Cr.P.C. sections 82 and 83, the Court held him ineligible for bail and dismissed the petition.

What did the court decide?

Anticipatory bail rejected; petitioner directed to surrender before the Magistrate at the earliest.

Shaiju Vs State of Kerala — Bail and Remand | Kerala HC (2012)

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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 N.K.BALAKRISHNAN

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THURSDAY, THE 2ND DAY OF AUGUST 2012/11TH SRAVANA 1934

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Bail Appl..No. 5238 of 2012 () -----------------------------CC.482/2008 of J.M.F.C.,TIRUR CRIME NO.412/2007 OF KALPAKANCHERI POLICE STATION, MALAPPURAM DISTRICT.

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PETITIONER/ACCUSED:

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SHAIJU,, AGED 30 YEARS S/O VELAYUDHAN, MONOTH HOUSE, KERALADHEESWRAPURAM MALAPPURAM DISTRICT.

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BY ADV. SRI.U.K.DEVIDAS

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, THROUGH SUB INSPECTOR KALPAKANCHERI REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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N. K. BALAKRISHNAN, J.

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================= B. A. No. 5238 of 2012

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

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Dated this the 2^nd day of August, 2012

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O R D E R

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Petitioner is the sole accused in Crime No.412 of 2007

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of Kalpakancheri Police Station, Malappuram district. Offences alleged against him are under sections 279, 337, 338 and 304A IPC. Charge sheet was laid in that case and it was taken on file as C.C. No.482 of 2008 before the Judicial Magistrate of the First Class, Tirur. The petitioner subsequently absented himself from appearing before court. Non-bailable warrants were happened to be issued against him. It could not be executed, as he was stated to be abroad. Now the learned Magistrate has initiated proceedings under sections 82 and 83 Cr.P.C., the learned Public Prosecutor submits.

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In these circumstances, I am not inclined to grant anticipatory bail to the petitioner. Hence, this petition is dismissed.

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B.A.No.5238/2012 - 2 -

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The petitioner can surrender before the learned Magistrate at the earliest and explain the grounds if any for his non-appearance before the court below. The learned Magistrate will dispose of the same in accordance with law.

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N.K. BALAKRISHNAN, JUDGE

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Shaiju v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shaiju v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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