Disposed

Shihabudheen v. State

Kerala HC31 Mar 2016Crl.MC/1460/2016

Case brief

AI extract

What is this about?

The High Court of Kerala directed the lower court to dispose of the applicant's bail application within 10 days from the date of his surrender, citing that bail is a right in bailable offences as per Manoj Kumar. The court also corrected the case number cited in the order.

What did the court decide?

Directed the lower court to dispose of the bail application on surrender within 10 days; corrected case number.

Shihabudheen Vs State — Bail and Remand | Kerala HC (2016)

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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 B.KEMAL PASHA

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THURSDAY, THE 31ST DAY OF MARCH 2016/11TH CHAITHRA, 1938

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Crl.MC.No. 1460 of 2016 ()

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AGAINST THE ORDER/JUDGMENT IN CC 641/2013 of J.M.F.C.-II, ATTINGAL CRIME NO. 491/2010 OF KILIMANOOR POLICE STATION , THIRUVANANDAPURAM

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PETITIONER(S)/ACCUSED:

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SHIHABUDHEEN, AGED 54 YEARS S/O. MOHAMMED HANEEFA, ATTUCHIRAYIL VEEDU, ULIYAKOVIL, KOLLAM EAST VILLAGE, KOLLAM.

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BY ADV. SRI.B.MOHANLAL

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RESPONDENT(S)/COMPLAINANT:

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STATE, REPRESENTED BY STATION HOUSE OFFICER, KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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R BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THE LOWER COURT NUMBER “C.C. NO.641/2013” OCCURRING IN THE CAUSE TITLE AND ANNEXURE-A2 IN THE FINAL ORDER DATED 31.03.2016 IN CRL.M.C. NO.1460/2016 IS CORRECTED AND SUBSTITUTED AS “C.C. NO.641/2010” AS PER ORDER DATED 01.06.2016 IN CRL.M.A. NO.4940/2016 IN CRL.M.C. NO.1460/2016.

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CRL.M.C.1460/2016

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE-A1 TRUE COPY OF THE FIR AND FIS IN CRIME NO.491/2010 OF KILIMANOOR POLICE STATION IN THIRUVANANTHAPURAM DISTRICT

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ANNEXURE-A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.491/2010 OF KILIMANOOR POLICE STATION PENDING AS CC.641/2013 OF THE JFCM-II, ATTINGAL

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ANNEXURE-A3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM DR.VISWANATHAN SPECIALTY HOSPITAL, KOLLAM, TO THE PETITIONER

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RESPONDENTS' EXHIBITS : NIL

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// True Copy //

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PA to Judge

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B. KEMAL PASHA, J.

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Crl.M.C. No.1460 of 2016

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Dated this the 31^st day of March, 2016

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~ ~ ~ ~ ~ ~

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Heard learned counsel for the petitioner.

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The offences involved are bailable. In the case of

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bailable offences, bail is the right of the accused. The learned Magistrate shall take note of the decision in Manoj

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Kumar v. State of Kerala [1990 (1) KLT 120] .

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The court below is directed to dispose of the application seeking bail, if any filed by the petitioner, on his surrender before the court below within 10 days from today, on the date of filing itself.

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Crl.M.C. is disposed of as above.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/31/03

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// True Copy //

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PA to Judge

Shihabudheen v. State

Case brief

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Shihabudheen v. State

Case brief

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