Dismissed

Anu @ Sudheesh v. State of Kerala

Kerala HC18 Nov 2016Crl.MC/5918/2016

Case brief

AI extract

What is this about?

The petitioner, a bail-jumping accused, sought directions to consider his bail application immediately upon surrender. The High Court refused, stating the court has no jurisdiction to grant bail in such cases and directed surrender to the trial court for consideration on merits.

What did the court decide?

Prayer for direction to consider bail on date of surrender dismissed; petitioner directed to surrender to lower court.

Anu @ Sudheesh 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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FRIDAY, THE 18TH DAY OF NOVEMBER 2016/27TH KARTHIKA, 1938

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Crl.MC.No. 5918 of 2016 ()

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--------------------------CRL.MP.NO. 1490/2016 OF DISTRICT & SESSIONS COURT, TRIVANDRUM CRIME NO. 494/2016 OF NEDUMANGAD POLICE STATION , THIRUVANANTHAPURAM DISTRICT

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PETITIONER/2ND ACCUSED :

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ANU @ SUDHEESH, S/O. SUNDARAN, SURESH BHAVAN, AYARAYIL MELE KALLIYODE, VETTAMPILLY MURI AND VILLAGE, THIRUVANANTHAPURAM.

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BY ADVS.SRI.G.RANJU MOHAN SMT.M.SANTHI

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RESPONDENT/COMPLAINANT :

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

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BY PUBLIC PROSECUTOR SRI.T.R.RANJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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Crl.MC.No. 5918 of 2016 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE I COPY OF THE ORDER IN CRL.MC NO.637/2016 HON'BLE SESSIONS COURT, THIRUVANANTHAPURAM, DATED 6.4.2016.

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ANNEXURE II CERTIFIED COPY OF THE ORDER IN CRL.MP NO.1490/2016 OF SESSIONS COURT, THIRUVANANTHAPURAM.

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RESPONDENT(S)' ANNEXURES:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

RAJA VIJAYARAGHAVAN, V., J.

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Crl.M.C. No. 5918 of 2016

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Dated this the 18^th day of November, 2016

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O R D E R

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~~~~~~~~

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1.The petitioner is the 2^nd accused in Crime No.494 of 2016 of Nedumangad Police Station. The aforesaid crime was registered alleging offence punishable under Sections 294

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(b), 341, 307 read with Section 34 of the IPC.

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2.At the time of enlarging the petitioner on bail, the petitioner was ordered to refrain from indulging in any prejudicial activity while on bail. However, violating the said condition, the petitioner got involved in Crime No.920 of 2016 which was registered inter alia for offence under Section 394 of the IPC. Consequently, by order dated 23.8.2016 the bail granted was cancelled.

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Crl.M.C. No. 5918 of 2016

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-2-

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3.In this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner seeks direction to the court below to consider his application for bail on the date of surrender itself.

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4.I am of the view that in a case of this nature, this Court will not be justified in granting the prayer sought for. The petitioner shall surrender before the court below as expeditiously as possible and co-operate with the proceeding. If any application is filed, the same shall be considered and disposed of by the court below on its merits and in accordance with law.

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RAJA VIJAYARAGHAVAN, V. JUDGE

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Ps/21/11/16

Anu @ Sudheesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anu @ Sudheesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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