Dismissed

Jimmi Joseph @ Biju v. the State of Kerala

Kerala HC30 Jan 2012Crl.MC/287/2012

Case brief

AI extract

What is this about?

The petitioner, first accused in a criminal case under Section 380 IPC, sought recall of a non-bailable warrant. The Court dismissed the petition, holding that the warrant issuance due to absence was to be addressed by the trial court, not this Court under Section 482 CrPC. Petitioner directed to surrender.

What did the court decide?

Petition dismissed; Petitioner directed to surrender before the trial court and apply for recalling the warrant.

Jimmi Joseph @ Biju Vs the State of Kerala — Criminal Trial and Appeal | 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. P.S.GOPINATHAN

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MONDAY, THE 30TH DAY OF JANUARY 2012/10TH MAGHA 1933

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CRMC.No. 287 of 2012 ()

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CC. NO.49/2006 OF THE JUDICIAL FIRST CLASS MAGISTRATE -I, THALASSERY CRIME NO.63/2005 OF DHARMADAM POLICE STATION.

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PETITIONER(S):ACCUSED

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JIMMI JOSEPH @ BIJU S/O.JOSEPH, CHEMBAKASSERI HOUSE, PULLIPADAM MAMPAD, MALAPPURAM DISTRICT.

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BY ADVS.SRI.BABU S. NAIR SMT.SMITHA BABU

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RESPONDENTS/STATE

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THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE DHARMADAM POLICE STATION-THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.

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BY PUBLIC PROSECUTOR SR.RAJESH VIJAYAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-01-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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P.S.GOPINATHAN, J

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

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Crl.M.C.No. 287 OF 2012

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

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Dated this the 30^th day of January, 2012.

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O R D E R

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In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is the 1^st accused in C.C.No.49/2006 on the file of the Judicial Magistrate of the First Class – I, Thalassery for offence under Section 380 IPC seeks an order to direct the trial court to recall the non bailable warrant issued against the petitioner.

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Having heard the learned counsel for the petitioner, I find

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that the non bailable warrant may issued was issued since the petitioner failed to appear before the trial court on the posting date. According to the learned counsel he happened to be in custody and therefore he could not appear. This is a matter to be looked into by the trial court on the appearance of the petitioner and not by this court under Section 482 of the code of Criminal Procedure. This petition is devoid of merits.

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In the result, this petition is disposed of with direction to the petitioner to surrender before the trial court and apply for recalling the warrant.

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P.S.GOPINATHAN,

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JUDGE

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amk

Jimmi Joseph @ Biju v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Jimmi Joseph @ Biju v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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