The court dismissed a bail application because the petitioner absconded after earlier bail. The court directed the trial court to complete trials within six months despite the pandemic situation.
Bail application dismissed; trial to be disposed within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 15TH DAY OF JULY 2020 / 24TH ASHADHA, 1942
Bail Appl..No.3748 OF 2020
AGAINST THE ORDER/JUDGMENT IN SC 460/2019 DATED 06-12-2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III, KASARAGOD
CRIME NO.793/2009 OF Kasaragod Police Station , Kasargod
PETITIONER/S:
SHAMSUDDHEEN ALIAS SHAMSU ALIAS PERVADU SHAMSU AGED 36 YEARS RIKSHANA QUARTERS, MAIMOONA NAGAR, MOGRAL, KOIPPADY VILLAGE, KUMBLA, KASARAGOD DISTRICT, KASARGOD, PIN - 671 321.
BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 THE STATION HOUSE OFFICER KASARAGOD POLICE STATION, KASARAGOD DISTRICT - 671 121.
OTHER PRESENT:
SRI.C.K.SURESH SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.07.2020, ALONG WITH Bail Appl..3728/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.3748 & 3728 OF 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 15TH DAY OF JULY 2020 / 24TH ASHADHA, 1942
Bail Appl..No.3728 OF 2020
AGAINST THE ORDER/JUDGMENT IN SC 349/2017 OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD
CRIME NO.762/2007 OF Kasaragod Police Station , Kasargod
PETITIONER/S:
SHAMSUDDEEN SHAMSU, AGED 36 YEARS S/O. ABDUL RAHIMAN, PERWAD, KUMBLA, NOW RESIDING AT RENTED QUARTERS, RIKSHANA QUARTERS, MAIMOONA NAGAR, MOGRAL PUTHUR, KOIPPADY VILLAGE, KASARAGOD PIN671321. 671321
BY ADV. SRI.T.MADHU
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031. 682031
2 THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, KASARAGOD-671121.
R1 BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.07.2020, ALONG WITH Bail Appl..3748/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.3748 & 3728 OF 2020
3
O R D E R
Dated this the 15th day of July 2020
Petitioner is the accused in two cases SC No.460/2019 for
having allegedly committed offence punishable under Sections 363, 364(A), 368 and 392 r/w section 34 of the IPC and the other one is SC No.308/18 for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 324 and 302 r/w Section 149 of IPC. The petitioner had absconded soon after getting bail. It is reported by the learned Sessions Judge where the trial is going on that the petitioner has absconded more than once.
The learned Sessions Judge III, Kasaragod was directed to file a report regarding the present status of the cases and also to submit the time that may be taken for disposal of the same.
Bail Appl..Nos.3748 & 3728 OF 2020
4
Accordingly, a report was submitted by the learned Sessions Judge and it is stated that not less than six months time may be required to dispose of the matter, in view of the present pandemic situation. I find that the time sought by the learned Sessions Judge is reasonable and hence these two cases SC No.460/2019 & S.C No.308/2018 are directed to be disposed of as expeditiously as possible at any rate within a period of six months from the date of receipt of a copy of this order.
SD/-
ASHOK MENON
JUDGE
rmm
1 issue framed by the court
Whether bail can be granted to a petitioner who had absconded after previously securing bail in pending criminal cases.
ShamsuDDheen AliAs shamsu AliAs pervadu Shamsu
The State Of Kerala
AsHok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
