Dismissed

Mymoona v. Sub Inspector of Police

Kerala HC6 Sept 2013Crl.MC/4811/2010

Case brief

AI extract

What is this about?

The court dismissed a petition under Section 482 Cr.P.C. filed to cancel anticipatory bail granted to respondents. It held the petition infructuous because the accused had been acquitted and the case settled after the trial court filed a final report and took cognizance.

What did the court decide?

The petition was dismissed as infructuous because the accused were acquitted and the case was settled.

Mymoona Vs Sub Inspector of Police — Bail and Remand | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

¶4

FRIDAY, THE 6TH DAY OF SEPTEMBER 2013/15TH BHADRA, 1935

¶5

Crl.MC.No. 4811 of 2010 ( )

¶6

AGAINST THE ORDER IN CRMC 1183/2010 of SESSIONS COURT,MANJERI DATED 1911-2010

¶7

(CRIME NO. 346/2010 OF EDAVANNA POLICE STATION)

¶8

PETITIONER/ACCUSED:

¶9

MYMOONA,W/O.USMAN,NEEROOLPAN HOUSE, PATHAPIRIYAM, EDAVANNA AMSOM, ERNAD TALUK MALAPPURAM DISTRICT.

¶10

BY ADV. SRI.K.M.SATHYANATHA MENON

¶11

RESPONDENT/COMPLINANT AND STATE:

¶12

1. THE SUB INSPECTOR OF POLICE,EDAVANNA.PO, MALAPPURAM-679 329.

¶13

2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031.

¶14

3. SAKKARIA,S/O.ITHELU HAJI, NEERULPAN HOUSE, KALLIDUMBU, P.O.EDAVANNA MALAPPURAM-679 329.

¶15

4. ILLIAS,S/O.ITHELA HAJI,NEERULPAN HOUSE, PATHAPIRIYAM, EDAVANNA, (PO) MALAPPURAM, PIN-670329.

¶16

5. YUNUS,S/O.ITHELU HAJI,NEERULPAN HOUSE, PATHAPIRIYAM, EDAVNNA(PO), MALAPPURAM PIN-679 329.

¶17

6. MUSTHAFA,S/O.ITHELU HAJI,ITHELU HAJI, NEERULPAN HOUSE, PATHAPIRIYAM, EDAVANNA.(PO) MALAPPURAM-679329.

¶18

7. VAHAB,S/O.MUHAMMEDKUTTY,CHERUPALLIKKAL HOUSE, CHEMBAKUTH, P.O.EDAVANNA MALAPPURAM-679329.

¶19

R,R3 TO7 BY ADV. SRI.P.VENUGOPAL (1086/92) BY PUBLIC PROSECUTOR REJI JOSEPH

¶20

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06-09-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶21

jm/

¶22

K. RAMAKRISHNAN, J.

¶23

CRL.M.C No.4811 OF 2010

¶24

Dated this the 6^th day of September, 2013.

¶25

O R D E R

¶26

This is an application filed by the de facto complainant to cancel the anticipatory bail granted to the respondents 3 to 7 in Crime No.346/2011 of Edavanna Police Station by Sessions Judge, Manjeri, as per order Crl.M.C 1183/2010 under Section 482 of Code of Criminal Procedure.

¶27

When the matter was taken up for hearing on the last hearing date, the counsel for the respondent submitted that, after investigation, the final report was filed and respondents were granted regular bail and thereafter the matter has been settled between the parties and the case itself was disposed of. But, the counsel for the petitioner submitted that he has no information about the same. So a report was called for from the concerned court, and report has been submitted stating that, the final report was filed in that case, and thereafter the accused persons surrendered and bail was granted and then the case was

¶28

CRL.M.C No.4811 OF 2010

¶29

¶30

transferred to Chief Judicial Magistrate Court, Manjeri, before whom, the final report was filed and the Chief Judicial Magistrate had taken the case in the file as CC No.307/2011 and the matter was settled between the parties and after trial the accused were acquitted as per judgment dated 30.04.2012. In view of the above development, the prayer in the petition become infructuous. So the petition is dismissed as infructuous.

¶31

K. RAMAKRISHNAN JUDGE

¶32

jm/

Mymoona v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Mymoona v. Sub Inspector of 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

Joseph Vs State of Kerala

V.S.Achuthanandan Vs M.M.Yacoob

Kuppekkat Mohammed Latheef Vs Nishath

Remesh Vs C.I.of Excise, Mananthavady

Shahul Hameedu K Vs State of Kerala

V.C. Anil Kumar Vs Magma Fin Corp