Dismissed

Shivakumar v. State of Kerala

Kerala HC7 Mar 2014Bail Appl./1587/2014

Case brief

AI extract

What is this about?

In a bail application under Sections 406 and 420 IPC, the Kerala High Court dismissed the plea for anticipatory bail. The judge held that given the involvement in multiple similar crimes, the case was not suitable for anticipatory bail and directed surrender before the Magistrate.

What did the court decide?

Application dismissed; applicant directed to surrender by 31.3.2014 to seek bail from the Magistrate.

Shivakumar Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2014)

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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 M.L.JOSEPH FRANCIS

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FRIDAY, THE 7TH DAY OF MARCH 2014/16TH PHALGUNA, 1935

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Bail Appl..No. 1587 of 2014 ()

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CRIME NO. 1653/2013 OF NEDUPUZHA POLICE STATION , TRISSUR

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APPLICANT/1ST ACCUSED :

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SHIVAKUMAR, AGED 34 YEARS S/O. PUSHPAN, CHERATTIL HOUSE, CHIRAKKEKAD MANNUTHI, THRISSUR DISTRICT.

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BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.THOMAS J.ANAKKALLUNKAL SRI.VIPIN NARAYAN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR, SHRI C RASHEED

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.L. JOSEPH FRANCIS J.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - Bail Application No.1587 of 2014

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

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Dated this the 7^th day of March 2014

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ORDER

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The petitioner herein is the accused in Crime No.1653 of 2013 of Nedupuzha Police Station, Thrissur District registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. The prosecution case is briefly as follows. The vehicle of the de facto complainant was let to the petitioner on 13.9.2013 and the vehicle there upon allegedly was not returned. It is therefore alleged that the accused had committed the aforesaid offences.

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The learned Public Prosecutor opposes the anticipatory bail application on the ground that the petitioner is involved in

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Bail Application No.1587 of 2014

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several similar crimes and that granting of anticipatory bail will adversely affect the investigation. Considering the facts and circumstances of the case, I am of the view that this is not a fit case to grant anticipatory bail.

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Accordingly this bail application is dismissed. If the petitioner surrenders before the Magistrate having jurisdiction on or before 31.3.2014 and files a bail application, the learned Magistrate is directed to dispose of that bail application on the same day itself.

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Sd/- M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

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// TRUE COPY //

Shivakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shivakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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