Disposed

Sherly Mathai v. State of Kerala

Kerala HC6 Jan 2016Crl.MC/45/2016

Case brief

AI extract

What is this about?

The High Court closed the criminal miscellaneous petition after holding that the petitioners' contentions could be raised during the inquiry for framing charges. The court granted liberty and directed the lower court to dispose of any bail application filed upon surrender within 15 days.

What did the court decide?

Petition closed with liberty; trial court directed to dispose of bail application on surrender within 15 days if noticed to Assistant Public Prosecutor.

Sherly Mathai 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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WEDNESDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937

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Crl.MC.No. 45 of 2016

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CC 29/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PUNALUR

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PETITIONER(S)/ACCUSED 1 & 2:

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

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1. SHERLY MATHAI, AGED 38 YEARS, D/O.LATE P.C.MATHAI, VALIYAMELATHETHIL, KIDANGANNUR P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA - 689 514 FROM CHIRAYIL, PARUVAKKAL, KIZHAKKEMURI, CHEKAM, PIRAVANTHOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT.

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2. SHEENA MATHAI, AGED 36 YEARS, D/O.LATE P.C.MATHAI, GREEN LAND, KADAIKKAD, KOLLAKADAVU P.O., CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 690 509 FROM CHIRAYIL, PARUVAKKAL, KIZHAKKEMURI, CHEKAM, PIRAVANTHOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT.

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BY ADV. SRI.N.ASOK KUMAR

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RESPONDENT(S)/STATE & COMPLAINANT:

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

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. SUSAMMA GEORGE, AGED 55 YEARS, D/O.YOHANNAN GEORGE, CHIRAYIL PARUVAKKAL,KIZHAKKEMURI, CHEKAM, PIRAVANTHOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT.

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R1 BY PUBLIC PROSECUTOR SMT.MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 45 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE-I:	CERTIFIED COPY OF ORDER IN CC NO.29/2013 DATED 3.1.2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR.
ANNEXURE-II:	CERTIFIED COPY OF COMPLAINT FILED BY 2ND RESPONDENT IN CMP 2228/2010 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR DATED 4.3.2010
ANNEXURE-III:	TRUE COPY OF REPORT OF DEPUTY SUPERINTENDENT OF POLICE, PUNALUR DATED 6.6.2011 FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUANLUR
ANNEXURE-IV:	TRUE COPY OF REPORT DATED 22.8.2011 SUBMITTED BY DY. S.P OF POLICE, PUNALUR TO JUDICIAL FIRST CLASS MAGISTRATE COURT III, PUNALUR

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RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

B. KEMAL PASHA, J.

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Crl.M.C. No.45 of 2016

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Dated this the 6^th day of January, 2016

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O R D E R

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Heard learned counsel for the petitioners and perused the records.

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It seems that the contentions taken up by the

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petitioners are grounds that could be resorted to by the complainant in the matter. The contentions presently taken up by the learned counsel for the petitioners can be taken up during the stage of inquiry to be conducted for the purpose of framing charges.

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With the said liberty to the petitioners, this Crl.M.C. is closed. In case of surrender before the court below within

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15 days from today, the court below is directed to dispose of

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Crl.M.C.45/2016

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: 2 :

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the application seeking bail, if any, that may be filed by the petitioners, on the date of filing itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/06/01

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// True Copy //

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PA to Judge

Sherly Mathai v. State of Kerala

Case brief

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Sherly Mathai v. State of Kerala

Case brief

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