Disposed

Kunju Marikkar v. State of Kerala

Kerala HC23 Jan 2014Crl.MC/848/2014

Case brief

AI extract

What is this about?

In an ancillary criminal miscellaneous case, the High Court of Kerala disposed of the petition by directing the lower court to consider the petitioners' bail applications on the date of their surrender within fifteen days, keeping the non-bailable warrant in abeyance; the petition per se was not allowed.

What did the court decide?

Directed lower court to consider bail applications on date of surrender within fifteen days; warrant kept in abeyance till disposal of bail applications.

Kunju Marikkar Vs State of Kerala — Bail and Remand | 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 HARUN-UL-RASHID

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THURSDAY, THE 23RD DAY OF JANUARY 2014/3RD MAGHA, 1935

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Crl.MC.No. 848 of 2014

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CRIME NO. 481/2013 OF KALAMASSERY POLICE STATION , ERNAKULAM

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PETITIONER(S)/ACCUSED NOS.1 & 2:

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1. KUNJU MARIKKAR, AGED 72 YEARS, S/O.ALI, UMMANCHERRY HOUSE, CHANGAMPUZHA NAGAR, KALAMASSERRY, ERNAKULAM DISTRICT.

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2. ALI.K.K.,AGED 15 YEARS, S/O.KUNJUMARAYKKAR, UMMANCHERRY HOUSE, CHANGAMPUZHA NAGAR, KALAMASSERRY, ERNAKULAM DISTRICT.

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BY ADV. SRI.P.A.MUJEEB

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, KALAMASSERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31.

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BY PUBLIC PROSECUTOR SMT. S. HYMA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-01-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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HARUN-UL-RASHID, J.

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- - - - - - - - - - - - - - - - - Crl. M.C No. 848 of 2014

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- - - - - - - - - - - - - - - - Dated this the 23^rd day of January 2014.

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O R D E R

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Accused Nos. 1 and 2 in Crime No. 481/2013 of

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Kalamassery Police Station are the petitioners. The offences alleged against the petitioners are punishable under Sections 323, 324, 294(b) r/w 34 of IPC. Due to the non-appearance of the petitioner, non-bailable warrants have been issued against them. The Crl.M.C is filed seeking a direction to the Judicial First Class Magistrate to consider their bail applications on the date of surrender itself.

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The petitioners are willing to surrender before the Investigating Officer. In case of surrender, if there is any interrogation, the petitioners shall be produced before the Judicial First Class Magistrate Court-II, Aluva. Warrant is pending against them. Now, the petitioners seek a direction from this Court to consider their applications for bail on the date of surrender itself.

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Accordingly, the Crl.M.C is disposed of directing the Judicial First Class Magistrate Court-II, Aluva to consider and pass appropriate orders on the bail applications, if any, filed by the petitioners on the date of surrender itself with prior notice to the Assistant Public Prosecutor, in the event of the petitioners surrendering before the court below within a period of fifteen days from today. The warrant issued against the petitioners shall be kept in abeyance till the disposal of the bail applications.

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Sd/-HARUN-UL-RASHID, JUDGE.

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lsn

Kunju Marikkar v. State of Kerala

Case brief

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Kunju Marikkar v. State of Kerala

Case brief

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