Dismissed

Hyder Ali v. State of Kerala

Kerala HC4 Apr 2012Crl.MC/812/2012

Case brief

AI extract

What is this about?

Petitioners sought directions for expediting trials and avoiding harassment under Section 482 CrPC. The Single Judge held that investigations were incomplete and final reports pending, making reliefs premature. The petition was disposed of with a direction to expedite investigation.

What did the court decide?

Direction to the 4th respondent to expedite investigation and file the report within four months.

Hyder Ali 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. P.S.GOPINATHAN

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WEDNESDAY, THE 4TH DAY OF APRIL 2012/15TH CHAITHRA 1934

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Crl.MC.No. 812 of 2012 ()

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CRIME NO. 82/2011 OF THRITHALA POLICE STATION

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PETITIONER(S)/ACCUSED:

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1. HYDER ALI,

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AGED 48 YEARS, S/O.ALI AHAMMED, AMBALATH VEETTIL HOUSE, ANGADI POST, PATTITHARA OTTAPPALAM, PALAKKAD.

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2. FAISAL, AGED 28 YEARS, S/O.UNNI AHAMMED AMBALATH VEETTIL HOUSE, ANGADI POST, PATTITHARA OTTAPPALAM, PALAKKAD.

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3. FAIZ AHAMMED

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AGED 19 YEARS, S/O.UNNI AHAMMED AMBALATH VEETTIL HOUSE, ANGADI POST, PATTITHARA OTTAPPALAM, PALAKKAD.

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4. FAHAD AGED 22 YEARS, S/O.UNNI AHAMMED AMBALATH VEETTIL HOUSE, ANGADI POST, PATTITHARA OTTAPPALAM, PALAKKAD.

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5. MEHMOOD, AGED 20 YEARS, S/O.HAMSA, AMBALATH VEETTIL HOUSE, ANGADI POST PATTITHARA, OTTAPPALAM, PALAKKAD.

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6. OSEER ALI AGED 29 YEARS, S/O.ABDULLA, AMBALATH VEETTIL HOUSE, ANGADI POST, PATTITHARA, OTTAPPALAM, PALAKKAD.

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BY ADVS.SRI.H.BADARUDDIN

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SMT.B.SHAMEERA

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RESPONDENT(S)/COMPLAINANT/STATE:

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1. STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR

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HIGH COURT OF KERALA, ERNAKULAM-682 031.

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Crl.MC.No. 812 of 2012 ()

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2. THE SUB DIVISIONAL MAGISTRATE, OTTAPPALAM-679 001.

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3. THE SUPERINTENDENT OF POLICE PALAKKAD-678 001.

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4. TEH SUB INSPECTOR OF POLICE THRITHALA, PALAKKAD-679 534.

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5. MUHAMMED SHAJI

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S/O.MOIDEEN KUTTY, AGED 36 YEARS, CHUNGATH HOUSE, PADINJARE ANGADI, ANGADI POST, OTTAPALAM TALUK PALAKKAD-679 552.

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6. AJMAL,

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S/O.MOIDEENKUTTY, AGED 29 YEARS, CHUNGATH HOSUE, PADINJARE ANGADI, ANGADI POST, OTTAPPALAM TALUK

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PALAKKAD-679 552.

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R1 TO R4 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-04-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DSV/-

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P.S.GOPINATHAN, J.

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Crl.M.C.NO. 812 OF 2012

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Dated this the 4^th day of April, 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 petitioners seek the following reliefs:

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(i) Issue a direction to the court of Judicial Magistrate of First Class, Pattambi to commence and complete the trial for Annexure I Crime forthwith by staying all further proceedings including the appearance of the petitioners in the case as accused in Annexure II crime, unless and until the completion of the trial in Annexure I.

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(ii) issue a direction to the court of Judicial Magistrate of First Class, Pattambi to commence and complete the trial for Annexure II Crime by dispensing with appearance of the accused therein by permitting their counsel to cross examine in the prosecution witnesses and pursue the case, so as to avoid harassments by the counter blast of Annexure II FIR.

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(iii) to direct the court below to ensure that the

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Crl.M.C.NO. 812 OF 2012 2

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petitioners shall appear before the court as and when required without any apprehension of judicial detention during the trial, till such time the enquiry and trial of Annexure II FIR is completed, by directing the petitions to furnish the security bond for such an amount to the satisfaction of the Magistrate for the appearance of the petitioners in court; and to

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(iv) grant such other further reliefs as that are warranted under law as this Hon'ble Court may deem fit and proper in the interest of justice.

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Having heard either side, I find that the investigation of Annexure-I and II is not completed and no final report is filed before the trial court. Therefore, the reliefs sought in the petition are premature.

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In the result, this petition is disposed of with direction to the 4th respondent to expedite the investigation and file report as early as possible in both cases, at any rate, within four months from the date of receipt of a copy of this order.

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Crl.M.C.NO. 812 OF 2012

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The learned counsel for the petitioner would submit that the petitioners apprehend arrest by the Investigating Officer. This petition being under Section 482 of the Code of Criminal Procedure, no direction for granting bail can be issued to the Investigating Officer. It is left open to the petitioners to surrender before the committal/trial court and apply for bail which the learned Magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor.

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P.S.GOPINATHAN JUDGE

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DSV/-

Hyder Ali v. State of Kerala

Case brief

What is this about?

What did the court decide?

Hyder Ali v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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