Disposed

Mohammed Kutty v. State of Kerala

Kerala HC8 Aug 2012Crl.MC/2677/2012

Case brief

AI extract

What is this about?

Crl. M.C. No. 2677 of 2012. The petitioner, an accused returning from abroad after two years while a non-bailable warrant was in force, sought directions. The Court directed the Magistrate to consider his bail application expeditiously, preferably on the surrender date, within two weeks.

What did the court decide?

Direction issued to the Magistrate to consider the bail application expeditiously within two weeks, preferably on the date of surrender.

Mohammed Kutty 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 S.S.SATHEESACHANDRAN

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WEDNESDAY, THE 8TH DAY OF AUGUST 2012/17TH SRAVANA 1934

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Crl.MC.No. 2677 of 2012 ()

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L.P.NO.65/2008 IN CC.NO.74/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THAMARASSERY

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PETITIONER(S):

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MOHAMMED KUTTY, (WRONGLY SHOWN IN THE COMPLAINT AS MOHAMMED ALIAS MUHAMMED MUSALIAR) S/O. MOIDEEN,AGED 31 YEARS, CHANGARATH, CHOORALMALA, P.O.VELLARMALA, WAYANAD.

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BY ADV. SRI.K.A.SALIL NARAYANAN

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RESPONDENTS/COMPLAINANT:

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1. STATE OF KERALA,

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REPRESENTED BY THE PUBLIC PROSEUCTOR,

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HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. SUB INSPECTOR OF POLICE,

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THAMARASSERY POLICE STATION,

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KOZHIKODE DISTRICT-673 020.

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3. SMT. AYISHA,W/O. SALAM, THUDARAPPUZHA VEEDU, EDUTHUVACHAKALLU, PUDUPPADI AMSOM, DESOM, KOZHIKODE DISTRICT-673 001.

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R1 & R2 BY PUBLIC PROSECUTOR SRI.R.RANJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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CRMC.NO.2677/2012

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEX 1	COPY OF THE FIR IN CRIME NO.354/05 OF THE THAMARASSERY POLICE STATION.
ANNEX 2	COPY OF THE FINAL REPORT FILED BY THE SECOND RESPONDENT IN THE ABOVE CRIME.
ANNEX 3	COPY OF THE COMPLAINT PREFERRED BY THE 3RD RESPONDENT BEFORE THE J.F.C.M.-1, THAMARASSERY

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RESPONDENT'S ANNEXURES:

NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

S.S.SATHEESACHANDRAN, J.

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

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Crl.M.C No.2677 OF 2012 ------------------------------------------------------Dated this the 8^th day of August, 2012

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ORDER

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Petitioner is the accused in a case which is now included in the long pending cases numbered as L.P No.65 of 2008 in C.C No.74 of 2007 on the file of Judicial First Class Magistrate Court-I, Thamarassery. For the last two years he was in a foreign country and so much so was not aware of the criminal proceedings pending against him numbered as above before the court, is the submission of the counsel. The limited prayer canvassed by the counsel at the time of hearing of this petition, though it has been filed for quashing the proceedings against him, is for issuing of a direction to the Magistrate to consider his application for bail on the date of his surrender. Petitioner has now returned from the foreign country and a nonbailable warrant against him is pending execution, is the submission of the counsel. Taking note of the submission made by the counsel the following direction is issued.

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In case the petitioner surrenders before the Magistrate within a period of two weeks from today and advance notice on his application for bail has been given to the Assistant Public Prosecutor, the learned Magistrate shall consider such application

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Crl.M.C No.2677/2012

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expeditiously, preferably, on the date of his surrender, if not prevented by any exceptional circumstance.

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I make it clear that the direction given as above shall

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not be construed as placing any impediment to the Magistrate in deciding the bail application on its merits in accordance with law. Petition is disposed of.

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S.S.SATHEESACHANDRAN, JUDGE

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vdv

Mohammed Kutty v. State of Kerala

Case brief

What is this about?

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Mohammed Kutty v. State of Kerala

Case brief

What is this about?

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