Dismissed

Shiju Augustine v. State of Kerala

Kerala HC19 Jun 2017Crl.MC/3925/2017

Case brief

AI extract

What is this about?

Petitioner, an accused in a long-pending criminal case, filed a criminal miscellaneous petition under Section 482 Cr.P.C. seeking a direction to the trial court to release him on bail upon surrender, claiming he was not served with summons. The Court refused to direct the trial court's mind and dismissed the petition.

What did the court decide?

The prayer for directing the trial court to release the petitioner on bail was not granted; the petition was dismissed.

Shiju Augustine Vs State of Kerala — Bail and Remand | 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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MONDAY, THE 19TH DAY OF JUNE 2017/29TH JYAISHTA, 1939

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Crl.MC.No. 3925 of 2017 ()

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--------------------------CC.1585/201(LP 1/2016) of ADDL. CHIEF JUDICIAL MAGISTRATE COURT,THALASSERY CRIME NO.233/2013 OF EDAKKAD POLICE STATION, KANNUR

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PETITIONER(S):

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SHIJU AUGUSTINE, S/O. AUGUSTINE, AGED 32 YEARS, CHEMBAPULLY HOUSE, KURUMATHOOR DESOM, THALIPARAMBU, KANNUR DISTRICT.

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BY ADVS.SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.S.SHIRAZ BAVA SRI.JOSEPH KURIAN VALLAMATTAM SMT.S.DEEPA

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RESPONDENT(S):

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

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2.THE STATION HOUSE OFFICER, EDAKKADU POLICE STATION, KANNUR.

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BY PUBLIC PROSECUTOR SRI. AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3925 of 2017 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES -----------------------ANNEXURE A1 TRUE COPY OF THE COMMON ORDER DATED 31.12.13 IN CRL.M.C. 4277/13 OF 2013 AND THE CONNECTED CRL.M.C. IN THE CONNECTED CRIMES PASSED BY THIS HONOURABLE COURT. ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN C.C. 1585/14. RESPONDENT(S)' ANNEXURE -----------------------

NIL

TRUE COPY

P.S. TO JUDGE

K. ABRAHAM MATHEW, J.

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-------------------------------------------------Crl.M.C. No. 3925 of 2017

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Dated this the 19^th day of June, 2017

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O R D E R

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Petition filed under Section 482 Cr.P.C.

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2.Petitioner was the accused in CC No.1585 of 2014 on the file of the Additional Chief Judicial Magistrate's Court, Thalassery. As he was not available, his case was removed to the register for long pending cases, the number being LP No.1/2016. His case is that he was not served with summons. His prayer is to direct the trial court to release him on bail, if he surrenders.

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3.Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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4.This Court cannot direct a judicial officer what order he should pass in a judicial proceedings. So, the prayer cannot be granted. If the petitioner was not served with summons, he may bring it into the notice of the learned Magistrate. With this observation, the Crl.M.C. is dismissed.

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Sd/-

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K. ABRAHAM MATHEW JUDGE

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bka/-

Shiju Augustine v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shiju Augustine v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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