Disposed

Ajith Saji @ Unni v. State of Kerala

Kerala HC6 Dec 2019Crl.MC/7619/2019

Case brief

AI extract

What is this about?

High Court of Kerala directed the district magistrate to consider the petitioner's application for recall of warrant and bail on merits within ten days, noting that custodial interrogation is unnecessary post-final report.

What did the court decide?

Directed the Magistrate to consider regular bail and warrant recall applications on merits within ten days; kept coercive proceedings in abeyance.

Ajith Saji @ Unni Vs State of Kerala — Bail and Remand | Kerala HC (2019)

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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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 06TH DAY OF DECEMBER 2019 / 15TH AGRAHAYANA, 1941

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Crl.MC.No.7619 OF 2019(B)

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CC 455/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, IDUKKI

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CRIME NO.57/2019 OF KULAMAVU POLICE STATION , IDUKKI

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PETITIONER/ACCUSED NO.1:

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AJITH SAJI @ UNNI AGED 22 YEARS S/O.SAJI, NJARAKKATTU HOUSE, IDUKKI VILLAGE, IDUKKI KARA

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BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE K.ANAND

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RESPONDENT/STATE:

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STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031(CRIME NO.57/2019 OF KULAMAVU POLICE STATION, IDUKKI DISTRICT

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C.S. HRITHWIK SR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.7619 OF 2019

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ORDER

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This application is filed under Section 482 of the Cr.P.C.

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The petitioner herein is the accused in C.C.No.455 of 2019 on the file of the Judicial First Class Magistrate Court-I, Idukki.

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Since the petitioner was absconding, final report was laid before the jurisdictional court categorizing him as an absconding accused. Seeking pre-arrest bail he approached this Court and by Annexure-II order this Court taking note of the fact that final report has already been filed, directed the petitioner to approach the learned Magistrate and the Magistrate was directed to consider the application for regular bail, if any, filed. The petitioner thereafter approached the learned Magistrate on the strength of Annexure II order and filed an application seeking recall of warrant. It appears that the learned Magistrate has dismissed the same by Annexure III order holding that the pre-arrest bail filed by him having been dismissed, he is not entitled to the said relief.

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Sri.K.K.Dheerendra krishnan, the learned counsel appearing for

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the petitioner submits that he is prepared to cooperate with the trial and prays that necessary directions be issued to the learned Magistrate to

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Crl.MC.No.7619 OF 2019

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consider his application for recall of warrant and grant of bail on the same

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day itself.

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Heard the learned Public Prosecutor and I have considered the submissions advanced. Since the final report has already been laid, the custodial interrogation of the petitioner may not be required in the instant case. In that view of the matter, I deem it proper to direct the petitioner

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herein to appear before the learned Magistrate within a period of ten days from today. If an application for recall of warrant and grant of bail is preferred, the same shall be considered and order shall be passed on its merits on the same day itself.

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Till orders are passed, the coercive proceedings, if any, shall be kept in abeyance.

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This petition is disposed of.

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SD/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

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//TRUE COPY// P.A.TO JUDGE

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Crl.MC.No.7619 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.57/2019 OF KULMAVAU POLICE STATION, IDUKKI DISTRICT

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ANNEXURE II TRUE COPY OF THE ORDER DATED 02.09.2019 IN BA NO.6192/2019 OF THIS HON'BLE COURT

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ANNEXURE III TRUE COPY OF THE ORDER DATED 23.09.2019 IN CMP NO.2276/2019 IN CC NO.455/2019 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-I, IDUKKI.

Ajith Saji @ Unni v. State of Kerala

Case brief

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Ajith Saji @ Unni v. State of Kerala

Case brief

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