Disposed

Nazar K.T. v. Station House Officer

Kerala HC21 Jun 2017Crl.MC/1702/2017

Case brief

AI extract

What is this about?

High Court of Kerala addressed Criminal Misc. Cases seeking cancellation of bail granted to accused in a criminal case. The High Court observed that issues regarding weapon recovery should be addressed in Sessions Court and that bail cancellations must be filed before the court below.

What did the court decide?

Cases closed with observation that bail cancellation applications should be filed before Sessions Court.

Nazar K.T. Vs Station House Officer — Criminal Trial and Appeal | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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WEDNESDAY, THE 21ST DAY OF JUNE 2017/31ST JYAISHTA, 1939

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Crl.MC.No. 1702 of 2017 ()

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CRL.MC 281/2017 OF SESSIONS COURT, ERNAKULAM. CRIME NO.116/2017 OF KANNAMALY POLICE STATION, ERNAKULAM DISTRICT.

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PETITIONER/PETITIONER/DEFACTO COMPLAINANT:

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NAZAR K.I., AGED 50 YEARS, S/O.IBRAHIM,

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KARAYIL HOUSE, URAVOOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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BY ADV. SRI.P.P.GENSON

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RESPONDENT/RESPONDENT/COMPLAINANT/ACCUSED:

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1. STATION HOUSE OFFICER, KANNAMALLY POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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2. C.I OF POLICE, MATTANCHERRY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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3. THE ASSISTANT COMMISSIONER OF POLICE, MATTANCHERRY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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4. SUHARA, AGED 53 YEARS, W/O.SHAHUL HAMEED, KONNARIKAL HOUSE, 12/506 B, KALATHARA, KANNAMALLY P.O., KOCHI - 682 008.

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R1 TO R3 BY PUBLIC PROSECUTOR SRI.K.B.UDAYAKUMAR R4 BY ADV. SRI.DINESH MATHEW J.MURICKEN

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21-06-2017 ALONG WITH CRMC.1707/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 1702 of 2017 () ---------------------------

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE A1: COPY OF THE FIR AND FIS IN CRIME NO. 116/2017 OF KANNAMALY POLICE STATION. ANNEXURE A2: CERTIFIED COPY OF ORDER IN CRL.M.C 281/2017 OF SESSION'S COURT, ERNAKULAM DATED 13.2.2017. ANNEXURE A3: WOUND CERTIFICATE ISSUED FROM FATIMA HOSPITAL, PERUMPADAPPU. ANNEXURE A4: WOUND CERTIFICATE ISSUED FROM TALUK HOSPITAL. ANNEXURE A5: TRUE COPY OF THE COMPLAINANT DATED 16.2.17. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY//

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P.S. TO JUDGE

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mbr/

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K. ABRAHAM MATHEW, J.

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-------------------------------------------------Crl.M.C. Nos. 1702 & 1707 of 2017 -------------------------------------------------Dated this the 21^st day of June, 2017

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O R D E R

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Petitions filed under Section 482 Cr.P.C.

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The 4^th respondent in Crl.M.C. No.1702/2017 and respondents 4 to 6 in Crl.M.C. No.1707/2017 were granted bail by the learned Sessions Judge, Ernakulam by Annexure A2 order. They are accused in Crime No.116/2017 of Kannamaly Police Station registered for the offences under Sections 294(b), 308 and 341 r/w Section 34 of the Indian Penal Code. The petitioner is the victim. It is alleged that the accused caused stabbed injuries on him. The prayer in these Crl.M.C.s is to cancel the bail granted to the accused mentioned above on the ground that the weapon has not been recovered and that subsequent to their release on bail, they got themselves involved in another case.

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3.Heard the learned counsel for the petitioner, the

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Crl.M.C. Nos. 1702 & 1707 of 2017

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..2..

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learned counsel for the party respondents and the learned Public Prosecutor.

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4.The learned Public Prosecutor submits that the weapon has already been recovered.

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5.If the respondents/accused have violated any of the conditions in the bail order, the petitioner may file an application for cancellation of bail in the court below as the Sessions Court has empowered that court to cancel the bail.

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With this observation, the Crl.M.C.s are closed.

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Sd/- K. ABRAHAM MATHEW JUDGE

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bka/-

Nazar K.T. v. Station House Officer

Case brief

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What did the court decide?

Nazar K.T. v. Station House Officer

Case brief

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