High Court allowed accused petitioner to surrender, recall non-bailable warrants, and consider bail application on merits within two weeks, keeping coercive steps in abeyance.
Liberty to surrender within 2 weeks; recall warrants; consider bail on merits same day; coercive steps kept in abeyance.
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 MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 1ST DAY OF JUNE 2016/11TH JYAISHTA, 1938
Crl.MC.No. 3068 of 2016
CC 671/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD
PETITIONER(S)/ACCUSED :
RAMESH RAI, AGED 34 YEARS, S/O. SUBBANNA RAI, PUTHRAKKALA HOUSE, KUMBADAJE VILLAGE, YETHADKA POST, KASARAGOD DISTRICT.
BY ADV. SRI.S.JIJI
RESPONDENT(S)/STATE & DE-FACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. HAR AUTOS PVT. LTD.,
KASARAGOD BRANCH OFFICE, NULLIPPADY, KASARAGOD P.O., REPRESENTED BY SHAJI TOM, AGED 45 YEARS, S/O. THOMAS, REGIONAL MANAGER, HAR AUTOS, HEAD OFFICE, KANNOTH BUILDING, KANNUR-670 001.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 3068 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1 COPY OF THE FIR IN CR.NO.344/2013 OF KASARAGOD POLICE STATION. ANNEXURE A2 COPY OF THE ORDER IN CRL.MP NO.2165/2014 OF SESSIONS COURT, KASARAGOD. ANNEXURE A3 CERTIFIED COPY OF THE PROTEST COMPLAINT ALONG WITH DOCKET ORDER.
RESPONDENT(S)' ANNEXURES:
------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
RAJA VIJAYARAGHAVAN.V., J
ORDER
This petition is filed by the sole accused in C.C.671 of
2015 on the files of the Chief Judicial Magistrate, Kasaragod .
Crl.M.C. No.3068 of 2016 -2-
disputed question of facts, which cannot be adjudicated by this Court. It is for the petitioner to raise all the contentions at the appropriate stage.
The petition is disposed off. Sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-1.6.16
1 issue framed by the court
Whether non-bailable warrants be recalled and bail applications be considered on merits upon surrender.
RAMESH RAI
STATE OF KERALA
HAR AUTOS PVT. LTD.
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
