Partly allowed

Thanzeer v. State of Kerala

Kerala HC5 Jun 2018Crl.MC/2791/2018

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the High Court of Kerala examined the cancellation of bail due to an accused-failing to report to the investigating officer. The Court set aside the cancellation and directed the Magistrate to reconsider the bail application.

What did the court decide?

Directed the learned Magistrate to consider the release of the petitioner on bail subject to the earlier conditions if a fresh application is filed.

Thanzeer Vs State of Kerala — Bail and Remand | Kerala HC (2018)

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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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TUESDAY, THE 5TH DAY OF JUNE 2018 / 15TH JYAISHTA, 1940

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Crl.MC.No. 2791 of 2018

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CMP.1080/2018 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD CRIME NO.1655/2017 OF PANGODE POLICE STATION, THIRUVANANDAPURAM

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PETITIONER/1ST ACCUSED :

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THANZEER, S/O. ABUSALI, AGED 24 YEARS, CHARUVILA PUTHEN VEEDU, THANNIYAM, KURUMBAYAM KALLARA, THIRUVANANTHAPURAM DISTRICT.

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BY ADV.SRI.LATHEESH SEBASTIAN

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RESPONDENTS/STATE & COMPLAINANT :

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. STATION HOUSE OFFICER, PANGODE POLICE STATION, THIRUVANANTHAPURAM-695 609.

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BY PUBLIC PROSECUTOR SRI.SAJJU S.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2791 of 2018

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1: TRUE COPY OF THE FIR IN CRIME NO.1655 OF 2017 OF PANGODE POLICE STATION. ANNEXURE A2: TRUE COPY OF TH COMMON BAIL ORDER OF THE JFMC-II, NEDUMANGAD IN CMP.NO.12841/2017 DTD.03.01.2018 IN CRIME NO.1655 OF 2017 OF PANGODE POLICE STATION. ANNEXURE A3: TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DTD.03.02.2018. ANNEXURE A4: COPY OF THE ORDER OF THE JFMC-II, NEDUMANGAD IN CMP.NO.1080/2018 IN CRIME NO.1655 OF 2017 OF PANGODE POLICE STATION.

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RESPONDENT(S)' ANNEXURE

NIL

TRUE COPY

P.S. TO JUDGE

7.6.2018

K.ABRAHAM MATHEW J.

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Crl.M.C. No.2791 of 2018

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Dated this the 5^th day of June, 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioner is the first accused in Crime No.1655 of 2017

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of Pangode Police Station registered for the offences under Sections 417, 420, 465, 468 and 471 IPC. The bail application filed by him was allowed by the learned Magistrate. One of the conditions in the order granting bail to the petitioner was that he shall report before the investigating officer on all Mondays and Thursdays till the filing of the final report. The investigating officer filed an application to cancel the bail granted to him on the ground that he failed to comply with the above said condition in the bail order. After hearing both sides, by Annexure-A4 order, the learned Magistrate cancelled the bail. This is under challenge in this Crl.M.C.

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Crl.M.C. 2791/18

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-:2:-

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

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It is admitted fact that the petitioner did not comply with the direction in the order by which he was granted bail. Thus there was a non-compliance with the conditions. The learned Magistrate was justified in cancelling the bail. Pursuant to the order passed by this Court, the petitioner has deposited the amount covered by the bond executed by him and he now appears before the investigating officer as directed in the bail order.

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Having regard to the these facts, I am inclined to direct the learned Magistrate to consider the release of the petitioner on bail again subject to the same conditions if he files a fresh bail application.

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In the result, this Crl.M.C is disposed of directing the learned Magistrate to consider the release of the petitioner on bail subject to the conditions in the order by which he was granted bail earlier if he files a fresh application.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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vps 6/6 /True Copy/

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PS to Judge

Thanzeer v. State of Kerala

Case brief

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Thanzeer v. State of Kerala

Case brief

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