Asokan Vasu v. State of Kerala
Case brief
What is this about?
Petitioner sought leave to withdraw main prayers and requested the High Court direct the magistrate to grant personal exemption under Cr.P.C. Sec.205(4). Court closed Crl.M.C. as not-pressed, held withdrawal submission just and fair, and directed petitioner to approach magistrate for exemption citing precedent allowing appearance through counsel.
What did the court decide?
Petitioner granted leave to withdraw main prayers; case closed as not-pressed; directed to approach magistrate for exemption.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 13TH DAY OF JANUARY 2017/23RD POUSHA, 1938
Crl.MC.No. 317 of 2017 ()
CC. NO.256/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, KOTTARAKKARA, KOLLAM DISTRICT. CRIME NO. 1849/2015 OF CHADAYAMANAGALAM POLICE STATION, KOLLAM DIST.
PETITIONER/ACCUSED:
ASOKAN VASU, AGED:51 YEARS, S/O AYYAPPAN, THUMBA NIRAPPEL VEEDU, KAIPATTOOR P.O., ARAKKUNNAM VIA, VATTAPPARA, ERNAKULAM DISTRICT.
BY ADV. SRI.P.K.VARGHESE.
RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
Issues for consideration
2 issues framed by the court
Whether leave may be granted to the petitioner to withdraw the main prayers in the Criminal Miscellaneous Case.
Whether the jurisdictional magistrate can grant personal exemption to the accused under Sec.205(4) Cr.P.C. without executing a bail bond.
Parties & counsel
- petitioner
ASOKAN VASU
- respondent
STATE OF KERALA
- respondent
K.K. RAJAN
Coram
Case details
As recorded by the court registry
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