Disposed

Suresh Babu v. Station House Officer

Kerala HC26 Apr 2016Crl.MC/2525/2016

Case brief

AI extract

What is this about?

This Criminal Misc. case sought directions for an accused facing arrest due to an absence after a non-bailable warrant issuance. The Supreme Court of India, in *Sardar Amar Singh vs. State (Delhi Administration)*, 2001, held that bail applications and recall of non-bailable warrants should be disposed of expeditiously. Accordingly, the Kerala High Court directed the petitioner to approach the conc

What did the court decide?

Directed the petitioner to approach the concerned Magistrate Court with applications for bail and recalling the non-bailable warrant, to be considered and disposed of on the same day.

Suresh Babu Vs Station House Officer — Civil Procedure and Limitation | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

TUESDAY, THE 26TH DAY OF APRIL 2016/6TH VAISAKHA, 1938 Crl.MC.No. 2525 of 2016 () ---------------------------

¶5

AGAINST THE ORDER IN CC 1170/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-VI KOZHIKODE CRIME NO. 426/2011 OF KASABA POLICE STATION , KOZHIKODE

¶6

PETITIONER(S)/ACCUSED:

¶7

SURESH BABU AGED 41 YEARS, S/O.NARAYANAN, MODONGAL HOUSE, NEAR VALYAKKODE LIBRARY, PERAMBRA, KOZHIKODE-673 525.

¶8

BY ADVS.SRI.P.R.SREEJITH SRI.K.B.SAJEESH SRI.M.PROMODH KUMAR SMT.MAYA CHANDRAN

¶9

RESPONDENT(S)/COMPLAINANT AND STATE:

¶10

1. STATION HOUSE OFFICER KASABA POLICE STATION, KOZHIKODE-673 001.

¶11

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

¶12

BY PUBLIC PROSECUTOR SMT.S. HYMA

¶13

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-04-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

Crl.MC.No. 2525 of 2016 ()

¶15

APPENDIX

¶16

PETITIONER(S)' EXHIBITS

¶17

ANNEXURE 1 : TRUE COPY OF THE JUDGMENT DATED 6-12-2014 IN CC NO.607/2014 OF THE SPECIAL JUDICIAL FIRST CLASS MAGISTRATE, MARAD CASES, KOZHIKODE. ANNEXURE 2 : TRUE COPY OF THE CASE DETAILS FROM THE JUDICIAL 1ST CLASS MAGISTRATE COURT VI, KOZHIKODE IN CC NO.1170/2014 ANNEXURE 3 : A TRUE COPY OF THE PROCEEDINGS SHEET OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-VI, KOZHIKODE IN CC NO.1170/2014.

¶18

RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.A. TO JUDGE

JJJ

P.V. ASHA, J.

Crl.M.C. No. 2525 of 2016 (L)

¶25

Dated this the 26^th day of April, 2016

¶26

O R D E R

¶27

The petitioner, who is the accused in C.C. No. 1170/2014 on the files of Judicial First Class Magistrate Court-VI, Kozhikode, submits that non-bailable warrant has been issued by the Court on account of his absence. He apprehends arrest on the spot and remand to judicial custody, on his surrender before the Magistrate's Court. The petitioner also submits that he is not evading any process of law.

¶28

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor also.

¶29

In the circumstance of the case, it is only appropriate that the petitioner appears before the Magistrate Court. The petitioner shall, therefore, move the concerned Magistrate Court with application for

¶30

Crl.M.C. No.2525/2016

¶31

-2-

¶32

bail, as well as application for recalling the non-bailable warrant. In that event, the learned Magistrate shall, as far as possible, consider the applications and pass orders, on the same day itself.

¶33

With the above direction, the Criminal M.C. is disposed of.

¶34

Sd/P.V. ASHA, JUDGE.

¶35

jjj 26.04.2016

Suresh Babu v. Station House Officer

Case brief

What is this about?

What did the court decide?

Suresh Babu v. Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Boban Antony Vs Authorised Officer, Uco Bank

Sudheesh Mohanan Vs Authorised Officer

Pramodhkumar Vs Secretary

Pauly Vs State of Kerala

Jitin Suresh Vs State of Kerala

Pradeep Vs State of Kerala