The Kerala High Court, on the admission of a criminal miscellaneous petition filed by an accused whose bail was cancelled by the lower court, directed him to submit a fresh application for bail and cancellation of non-bailable warrant, to be heard by the Magistrate on the same day.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 26TH DAY OF APRIL 2016/6TH VAISAKHA, 1938
Crl.MC.No. 2528 of 2016 ()
AGAINST THE ORDER IN CC 770/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM DATED
PETITIONER(S)/1ST ACCUSED:
PRADEEP AGED 38 YEARS, S/O. NARAYANA PILLAI, KALARICKAL HOUSE,IMURI,KOOVAPPADI VILLAGE, PERUMBAVOOR.
BY ADV. SRI.BABU CHERUKARA
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, COCHIN 682 031
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-04-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2528 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
A1 CERTIFIED COPY OF THE CHARGE SHEET IN C.C NO 770 OF 2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM
RESPONDENT(S)' EXHIBITS
NIL //TRUE COPY// P.A. TO JUDGE
JJJ
P.V. ASHA, J.
Crl. M.C. No. 2528 of 2016
Dated this the 26th day of April, 2016
O R D E R
The petitioner is the first accused in C.C. No.770/2014 on the files of the Judicial First Class Magistrate Court, Piravom. The allegation against the petitioner is that he committed offence under Section 379 r/w Section 34 of Indian Penal Code. The petitioner submits that the learned Magistrate has cancelled the bail on 01.04.2016. He apprehends that judicial custody is likely to be ordered, in case he surrenders before the Court.
Crl.M.C. No. 2528/2016
-2-
The learned Magistrate shall, as far as possible, consider the applications on the same day itself.
With the above direction, the Criminal M.C. is
disposed of.
Sd/P.V. ASHA, JUDGE.
jjj 26.04.2016
2 issues framed by the court
Whether the petitioner should be directed to file an application for bail in C.C. No. 770 of 2014 where bail was cancelled by the Magistrate.
Whether the Magistrate should consider the bail and cancellation of non-bailable warrant applications on the same day.
PRADEEP
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
