Disposed

Ansar, v. State of Kerala

Kerala HC28 Dec 2018Crl.MC/8951/2018

Case brief

AI extract

What is this about?

A second accused in a Kerala excise case applied for an order directing the Magistrate to consider his regular bail application immediately upon filing, contingent on an adjournment. The High Court dismissed the request for interim bail direction but directed the Magistrate to hear the regular bail application on the date of submission if notice is given to the Public Prosecutor and the petitioner

What did the court decide?

Directed the judicial Magistrate to consider the regular bail application on the date of submission provided notice is given to the Assistant Public Prosecutor and the petitioner surrenders on that da

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

FRIDAY ,THE 28TH DAY OF DECEMBER 2018 / 7TH POUSHA, 1940

¶5

Crl.MC.No. 8951 of 2018

¶6

CRIME NO. 70/2018 OF Karunagappally Excise Range Office , Kollam

¶7

PETITIONER/ACCUSED NO.2 :-

¶8

ANSAR, AGED 39 YEARS SON OF IBRAHIMKUTTY, ANSAR MANZIL, THAZHAVA, KARUNAGAPPILLY TALUK, KOLLAM DISTRICT.

¶9

BY ADV. SRI.C.S.MANU

¶10

RESPONDENTS/STATE & COMPLAINANT :-

¶11

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

¶12

2 EXCISE INSPECTOR, KARUNAGAPPILLY EXCISE RANGE, KOLLAM CIRCLE, PIN-691001 (NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN-682031).

¶13

BY SRI. C.K. PRASAD, PUBLIC PROSECUTOR

¶14

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

Crl.MC.No. 8951 of 2018

¶16

¶17

ORDER

¶18

The second accused in Crime No.70 of 2018 of the Karunagapally Excise Range Office, Kollam Circle has filed the instant Crl.M.C seeking a direction to the jurisdictional Magistrate to consider the application for interim bail filed by the petitioner along with his application for regular bail, on the date of filing of the application itself, in the event of the application for regular bail being adjourned by the court for the purpose of hearing the Assistant Public Prosecutor or for perusal of the case diary. Annexure-A2 is the order by which this court had dismissed the application for prearrest bail submitted by the petitioner. In such circumstances, it will not be proper to issue a direction to the jurisdictional Magistrate to grant interim bail to the petitioner, in the event of this application for regular bail being adjourned for any reason.

¶19

Crl.MC.No. 8951 of 2018

¶20

¶21

2. In the circumstances, the Judicial

¶22

Magistrate of First Class, Karunagapally is directed to consider the application for regular bail submitted by the petitioner in Crime No.17 of 2018, if possible, on the date of submission of the application itself, provided the Assistant Public Prosecutor is given sufficient advance notice, thereby providing an opportunity to get instruction, and also on condition that the petitioner surrenders on the date of submission of the application for bail.

¶23

With the above observation this Crl.M.C is disposed.

Sd/-

V.G.ARUN JUDGE

SMA

Crl.MC.No. 8951 of 2018

¶28

¶29

APPENDIX

¶30

PETITIONER'S/S ANNEXURES :

¶31

ANNEXURE A1 TRUE COPY OF THE FIR (CRIME AND OCCURRENCE REPORT) IN CRIME NO.70 OF 2018 ON THE FILES OF THE EXCISE RANGE OFFICE, KARUNAGAPPALLY, KOLLAM CIRCLE.

¶32

ANNEXURE A2 TRUE COPY OF THE ORDER DATED 22/11/2018 IN BA.NO.7708 OF 2018 PASSED BY THIS HON'BLE COURT.

¶33

ANNEXURE A3 TRUE COPY OF THE RULING IN SUKHVANT SINGH VS.STATE OF PUNJAB REPORTED IN (2009) 7 SCC 559.

¶34

ANNEXURE A4 TRUE COPY OF THE RULING IN MUKESH KISHNPURIA VS.STATE OF WEST BENGAL REPORTED IN (2010) 5 JT 397.

¶35

RESPONDENT(S)' ANNEXURES :- NIL

¶36

//TRUE COPY//

¶37

PA TO JUDGE

¶38

SMA

Ansar, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ansar, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Abdul Nazar P., Vs State of Kerala

J.Sreeja & Others Vs State of Kerala & Others

S.Sudhakar Vs the Senior Commandant

Ponnachan P.Chacko Vs v.C.Francis

Afsal @ Afsar, Vs State of Kerala

Chandrabhanu, Vs State of Kerala