Disposed

Jitto Joseph v. State of Kerala

Kerala HC8 Dec 2016Crl.MC/8522/2016

Case brief

AI extract

What is this about?

The High Court in Kerala, on an appeal under Section 482 CrPC regarding non-production of accused, directed the petitioners to surrender before the lower court within a week and move a bail application with notice to the prosecutor for immediate consideration.

What did the court decide?

Directed petitioners to surrender before the court below within two weeks and move a bail application with advance notice for consideration on the date of surrender.

Jitto Joseph 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 8TH DAY OF DECEMBER 2016/17TH AGRAHAYANA, 1938

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Crl.MC.No. 8522 of 2016 ()

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AGAINST THE JUDGMENT IN CC 646/2016 of JMFC, KAKKANAD (TEMPORARY) CRIME NO. 461/2013 OF THRIKKAKARA POLICE STATION , ERNAKULAM

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PETITIONERS:

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1. JITTO JOSEPH S/O. JOSEPH, AGED 42 YEARS, MANAGING DIRECTOR, ALLIANCE HABITAT & REAL ESTATE INDIA PRIVATE LIMITED, RESIDING AT 'CANDLES', HOUSE NO. 30/1045(C), VINOBHA NAGAR, MURALI LANE, CHILAVANNUR KARA, POONITHURA VILLAGE, ERNAKULAM.

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2. THANKAMMA JOSEPH

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DIRECTOR, ALLIANCE HABITAT & REAL ESTATE INDIA PRIVATE LIMITED, RESIDING AT 'CANDLES', HOUSE NO. 30/1045(C), VINOBHA NAGAR, MURALI LANE, CHILAVANNUR KARA, POONITHURA VILLAGE, ERNAKULAM.

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BY ADV. SRI.IEANS.C.CHAMAKKALA

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.

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R BY PUBLIC PROSECUTOR, SRIT.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN.V., J

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- - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 8522 of 2016

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

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Dated this the 8^th day of December, 2016

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

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O R D E R

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~~~~~~~~

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1.This petition is filed under Section 482 of the Code of Criminal Procedure.

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2.The petitioners herein are the accused Nos. 2 and 3 in C.C.No.646 of 2015 on the file of the Judicial Magistrate of First Class, Kakkanad. They face indictment under Sections 403, 405, 406 and 420 read with Section 34 of the IPC.

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3.On the failure of the petitioners to appear before the learned Magistrate, non bailable warrant has been issued to them .

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4.In this petition filed under Section 482 of the Code of Criminal Procedure, it is prayed that directions be issued to the court below to consider their application for bail on

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Crl.M.C. No.8522 of 2016 -2-

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the date of surrender itself.

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5.Having heard the learned counsel for the petitioners as well as the learned Public Prosecutor, this petition is disposed of by ordering the petitioners to surrender before the court below and to move appropriate application within a period of two weeks from today with advance notice to the concerned prosecutor. If such an application is filed, the court below is directed to consider and dispose of the same, ideally on the date of surrender itself.

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SD/-

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RAJA VIJAYARAGHAVAN.V., JUDGE

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ps/8/12/16

Jitto Joseph v. State of Kerala

Case brief

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Jitto Joseph v. State of Kerala

Case brief

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What did the court decide?

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