Disposed

Sam T. Biju v. State of Kerala

Kerala HC7 Jul 2016Crl.MC/4215/2016

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 CrPC, the High Court declined to interfere directly with the trial court's discretion on bail. The petitioner was directed to surrender within two weeks and make an application for recall of warrant and bail to the Magistrate with notice to the prosecutor. The Magistrate is directed to hear the application on merits and dispose of it in accord

What did the court decide?

Petitioner directed to surrender within two weeks, file application for recall of warrant and bail with notice to prosecutor; Magistrate directed to hear and decide on merits.

Sam T. Biju 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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 7TH DAY OF JULY 2016/16TH ASHADHA, 1938

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Crl.MC.No. 4215 of 2016 ()

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CC 899/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR.

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PETITIONER/ACCUSED:

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SAM T. BIJU, AGED 45 YEARS, S/O.THANKACHAN, BINDHU BHAVAN, THENGUMVILAYIL, ENATHU VILLAGE, PATHANAMTHITTA DISTRICT.

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BY ADVS.SRI.D.KISHORE SMT.MINI GOPINATH SMT.MEERA GOPINATH SRI.R.MURALEEKRISHNAN (MALAKKARA)

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RESPONDENT(S)/STATE AMD DEFACTP COMPLAINANT:

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1.STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2.JAMES VARGHESE, KIZHOOTTU HOUSE, MUNALAM MURI, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT - 689 645.

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R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 4215 of 2016 () --------------------------

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APPENDIX

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PETITIONER(S)' ANNEXURES: ----------------------ANNEXURE I : TRUE COPY OF THE PRIVATE COMPLAINT IN CC 899/2006 ON THE FILE OF JFMC, ADOOR.

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

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//TRUE COPY// P.S. TO JUDGE

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mbr/

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RAJA VIJAYARAGHAVAN, V., J.

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Crl.M.C. No.4215 of 2016

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Dated this the 7^th day of July, 2016

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O R D E R

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~~~~~~~~

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1.In this petition filed under Section 482 of the Code of Criminal Procedure, the Petitioner who faces prosecution in a case now pending as L.P.No.76 of 2012 on the file of the Judicial Magistrate of First Class, Adoor, seeks for issuance of appropriate directions to the learned Magistrate to consider his application for recall of warrant and grant of Bail on the date of surrender itself and to grant him Bail.

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2.It was owing to the contumacious conduct of the petitioner, that Non Bailable Warrant was issued against

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Crl.M.C.No.4215/2016 -2-

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him to secure his presence before the court below .This court in exercise of powers under Section 482 of the Code of Criminal Procedure will not be justified in interfering with the discretion of the learned Magistrate in granting bail.

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3.It is for the petitioner to approach the learned Magistrate and appraise the reasons for his absence and to seek for recalling the warrant and grant of Bail. There is no reason for this Court to assume that the learned Magistrate will not exercise his discretion judicially and in accordance with law.

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4.In the result, the petitioner is directed to surrender before the trial court within two weeks from the date of this order and prefer application for recall of warrant and also for grant of bail with advance notice to the prosecutor concerned. In that event the learned Magistrate is directed to consider and dispose of the said application,

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Crl.M.C.No.4215/2016

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-3-

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preferably on the same day itself, on its merits and in

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accordance with law.

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Petition is disposed off as above.

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sd/- RAJA VIJAYARAGHAVAN, V. JUDGE

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Ps/7/7/16

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//True copy//

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PA to Judge

Sam T. Biju v. State of Kerala

Case brief

What is this about?

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Sam T. Biju v. State of Kerala

Case brief

What is this about?

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