Disposed

Aneer v. Sub Inspector of Police, Athirapilly Police Station

Kerala HC20 May 2016Crl.MC/2963/2016

Case brief

AI extract

What is this about?

The High Court dismissed the bail application pending a warrant, holding that the warrant was due to the accused's lapses and the High Court should not interfere with the Magistrate's discretion. The court directed the accused to surrender to the trial court with due notice to the Prosecutor and apply for recall of the warrant and bail on the same day.

What did the court decide?

The accused were directed to surrender, prefer an application for recalling the warrant and grant of bail before the trial court on the same day, and the warrant's execution was suspended.

Aneer Vs Sub Inspector of Police, Athirapilly Police Station — 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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 20TH DAY OF MAY 2016/20TH VAISAKHA 1938

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Crl.MC.No. 2963 of 2016 ()

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CC.NO. 5002/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- I, CHALAKUDY CRIME NO. 838/2012 OF ATHIRAPPILLY POLICE STATION, TRISSUR DISTRICT

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PETITIONERS/ACCUSED 1 TO 3 :

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1. ANEER AGED 35 YEARS, S/O.ALIYAR, CHOVARAKARAN HOUSE, MALA, PALLIPPURAM P.O., THRISSUR DISTRICT.

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2. NOUSHAD

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AGED 31 YEARS, S/O.YOUSUFF, VELLUTHEDAKARAN HOUSE, MALA, PALLIPPURAM P.O., THRISSUR DISTRICT

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3. ANSARI AGED 32 YEARS, S/O.MUHAMMAD KASSBAN, KANNANTHARA HOUSE, MALA, PALLIPPURAM P.O., THRISSUR DISTRICT.

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BY ADVS.SRI.M.R.DHANIL

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SMT.M.R.JAYALATHA

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RESPONDENTS/COMPLAINANT/STATE :

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1. SUB INSPECTOR OF POLICE, ATHIRAPILLY POLICE STATION ATHIRAPILLY P.O., THRISSUR DISTRICT – 680307.

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2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN – 682 031.

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R1 & R2 BY PUBLIC PROSECUTOR SMT. MAYA P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

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ON 20-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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...2/-

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Crl.MC.No. 2963 of 2016 ()

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APPENDIX

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PETITIONERS' ANNEXURES :

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ANNEXURE A A TRUE COPY OF THE RELEVANT PAGES OF THE FIRST INFORMATION REPORT IN CRIME NO. FIR NO. 838/2012 ON THE FILES OF ATHIRAPPILLY POLICE STATION.

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RESPONDENT(S)' ANNEXURES : NIL --------------------------------------------------------------------

//TRUE COPY//

P.A. TO JUDGE

RAJA VIJAYARAGHAVAN.V., J

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- - - - Crl.M.C. No. 2963 of 2016

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- - - - Dated 20^th May, 2016

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ORDER

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The petitioners herein are the accused Nos. 1 to 3 in C.C. No. 5002 of 2012 on the files of the Judicial First Class Magistrate Court, Chalakudy. The aforesaid crime is registered under Sections 353, 332 read with Section 34 of the Indian Penal Code. On the apprehension of arrest and remand to judicial custody in execution of a warrant of arrest issued by the learned Magistrate, they seek orders from this Court under Section 482 of the Code of Criminal Procedure. Their prayer is to direct the Court below to enlarge the petitioners on bail on the date of their surrender itself.

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2.This Court in exercise of powers under Section 482 will not be justified in interfering with the discretion of the learned Magistrate in granting bail as it was owing to the lapses of the petitioners that warrant was ordered.

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Crl.M.C. No.2963 of 2016 -2-

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3.It is for the petitioners to approach the learned Magistrate and appraise the reasons for their absence and to seek for recalling the warrant and grant of bail. There is no reason to believe that the learned Magistrate shall not exercise its discretion judicially and in accordance with law.

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4.In the result the petitioners are directed to surrender before the trial court and prefer application for recalling the warrant and grant of bail with due notice to the learned Prosecutor concerned. The learned Magistrate is directed to consider and dispose of the said application on the same day itself, uninfluenced by the pendency of the warrant.

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In the meantime, execution of the warrant of arrest will stand suspended.

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sd/- RAJA VIJAYARAGHAVAN.V., JUDGE

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kp/-20.5.16

Aneer v. Sub Inspector of Police, Athirapilly Police Station

Case brief

What is this about?

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Aneer v. Sub Inspector of Police, Athirapilly Police Station

Case brief

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