Disposed

Joshi v. State of Kerala

Kerala HC5 Jan 2016Crl.MC/27/2016

Case brief

AI extract

What is this about?

The single-judge High Court of Kerala, while admitting the criminal miscellaneous petition, did not adjudicate the bail claim on merits. Instead, it directed the lower court to dispose of the pending bail application expeditiously, provided the petitioner surrenders and gives notice to the Public Prosecutor.

What did the court decide?

Direction to the court below to dispose of the bail application within ten days upon surrender.

Joshi Vs State of Kerala — 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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TUESDAY, THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937

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Crl.MC.No. 27 of 2016 ()

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Bail Appl. 8051/2008 of THIS HON'BLE COURT SC 267/2011 of III ADDL. SESSIONS COURT - III, THRISSUR

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PETITIONER :

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

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JOSHI, AGED 32 YEARS,S/O.LATE JAMES RESIDING AT PONMATTIL ADMURIYALIL HOUSE, PRAKKANAM, PATHANAMTHITTA DISTRICT.

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BY ADVS.SRI.JOHN MATHEW (THEREZHATH) SRI.JOBIN JOHN

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RESPONDENT :

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

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STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 27 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------------- ANNEXURE A1:-	-------- THE TRUE COPY OF THE ORDER DATED 9.1.2009 IN B.A.NO.8051 OF 2008.
ANNEXURE A2(A):-	THE TRUE COPY OF THE EXTRACT OF THE HISTORY OF THE CASE PROCEEDINGS ON 17.4.2012, WITH RESPECT TO S.C. NO.267 OF 2011 BEFORE THE ADDITIONAL SESSIONS COURT -III, THRISSUR, PUBLISHED ON THE ARCHIVES OF E-COURT PORTAL
ANNEXURE A2(B):-	THE TRUE COPY OF THE EXTRACT OF THE HISTORY OF THE CASE PROCEEDINGS ON 22.6.2012, WITH RESPECT TO S.C. NO.267 OF 2011 PUBLISHED ON THE ARCHIVES OF E-COURT PORTAL.
ANNEXURE A2(C):-	THE TRUE COPY OF THE EXTRACT OF THE HISTORY OF THE CASE PROCEEDINGS ON 23.7.2012, WITH RESPECT TO S.C. NO.267 OF 2011 PUBLISHED ON THE ARCHIVES OF E-COURT PORTAL.
ANNEXURE A2(D):-	THE TRUE COPY OF THE EXTRACT OF THE HISTORY OF THE CASE PROCEEDINGS ON 10.10.2012, WITH RESPECT TO S.C. NO.267 OF 2011 PUBLISHED ON THE ARCHIVES OF E-COURT PORTAL.
ANNEXURE A2(E):-	THE TRUE COPY OF THE EXTRACT OF THE HISTORY OF THE CASE PROCEEDINGS ON 5.11.2012, WITH RESPECT TO S.C. NO.267 OF 2011 PUBLISHED ON THE ARCHIVES OF E-COURT PORTAL.
ANNEXURE A3:-	THE TRUE COPY OF THE MEDICAL REPORT ISSUED BY THE MEDICAL COLLEGE OF THIRUVANANTHAPURAM SHOWING THE PARTICULARS REGARDING THE CANCER DISEASE OF THE PETITIONER'S MOTHER.
ANNEXURE A4:-	THE TRUE COPY OF THE EXTRACT OF THE CASE PROCEEDINGS ON 11.12.2012, WITH RESPECT TO S.C.NO.267 OF 2011, PUBLISHED ON THE ARCHIVES OF E-COURT PORTAL.
ANNEXURE A5:-	THE TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONERS FATHER BEARING NO.1525/2015 DATED 3.11.2015.
ANNEXURE A6:-	THE TRUE COPY OF THE MEDICAL REPORTS SHOWING THE DETAILS OF THE CARDIAC DISEASE OF THE PETITIONERS DAUGHTER
RESPONDENT(S)' EX	HIBITS : NIL. //TRUE COPY//

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P.A. TO JUDGE

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B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 27 of 2016

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............................................................... Dated this the 5^th day of January, 2016

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O R D E R

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Heard learned counsel for the petitioner.

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The court below is directed to dispose of the application seeking bail that may be filed by the petitioner on his surrender before the court below within a period of ten days from today, preferably on the date of filing itself, provided advance notice on such application has been given to the Public Prosecutor also.

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With the said direction, this Crl.M.C. is disposed of.

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Sd/- B. KEMAL PASHA, JUDGE.

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Stu/5.1.2016.

Joshi v. State of Kerala

Case brief

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Joshi v. State of Kerala

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