The High Court disposed of the criminal appeal challenging the refusal of anticipatory bail as infructuous, noting that the appellant was arrested and remanded with bail dismissed after the appeal listing.
The criminal appeal to challenge anticipatory bail refusal stood disposed of as infructuous.
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 ALEXANDER THOMAS
THURSDAY, THE 17TH DAY OF SEPTEMBER 2020 / 26TH BHADRA, 1942
CRL.A.No.485 OF 2020
AGAINST THE ORDER DATED 19.03.2020 IN CRMC 301/2020 OF DISTRICT COURT & SESSIONS COURT, KOZHIKODE
CRIME NO.114/2020 OF FEROKE POLICE STATION, KOZHIKODE
APPELLANT/ACCUSED
KAMARUDHEEN P. AGED 36 YEARS S/O.MUHAMMED HAJI, PARAPPIL HOUSE, VAIRANKODE P.O., MALAPPURAM DISTRICT.
BY ADVS.
SRI.P.A.MOHAMMED SHAH SRI.K.ARJUN VENUGOPAL SHRI.ASWIN KUMAR M J SMT.HELEN P.A. ARUN ROY SHAHIR SHOWKATH ALI
RESPONDENT (STATE-COMPLAINANT):
THROUGH STATION HOUSE OFFICER, FEROKE POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031.
2 ADDL.R2 VICTIM
XXXX
ADDL.R2 IMPLEADED AS PER ORDER DATED 16.06.2020 IN CRL.MA 1/2020 IN CRL.A 485/2020.
R2 BY ADV. SMT.P.K.SANTHAMMA R2 BY ADV. SMT.K.V.BHADRA KUMARI
SRI.SUMAN CHAKRAVARTHY, PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.Appeal No.485 of 2020
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ALEXANDER THOMAS, J.
===========================
Crl.Appeal No.485 of 2020
===========================
Dated this the 17th day of September, 2020
JUDGMENT
Sri.P.A.Mohammed Shah, learned counsel appearing for appellant/accused would submit on the basis of instructions that the above Crl.Appeal challenging the refusal by the Sessions Court, Kozhikode to grant anticipatory bail, has been pending before this Court since 09.06.2020 and the case has been taken up for consideration on various occasions and that this Court has later passed order on 26.08.2020 directing the learned Public Prosecutor to make available the case diary files, etc. and that though the appellant had moved for hearing of this Crl.Appeal after the re-opening of the Court on 07.09.2020 and though the case was posted to 08.09.2020, then the same has not been listed before this Court by the Registry inspite of various requests made by the learned counsel for the appellant and that on 15.09.2020, the Investigating Officer has arrested the appellant/accused and later he was produced before the Sessions Court concerned on 16.09.2020, on which day he was remanded and his regular bail application has also been dismissed on the same day
Crl.Appeal No.485 of 2020
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and that in the light of these aspects, the main plea in this Crl.Appeal, which is in the matter of the anticipatory bail has rather become infructuous and that therefore, this Court may close the above Crl.Appeal as infructuous, without prejudice to the right of the petitioner to take action for securing the regular bail, in the manner known to law.
2. Taking note of the said submissions of the appellant and without any prejudice to the contentions of the appellant and also with liberty to the petitioner to set in motion appropriate proceedings in the matter of regular bail, in the manner known to law, the above Crl.Appeal will stand disposed of as infructuous.
Sd/-
ALEXANDER THOMAS JUDGE
vgd
Crl.Appeal No.485 of 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A A TRUE COPY OF THE ORDER DATED 19.03.2020 OF COURT OF SESSIONS, KOZHIKODE IN CRIMINAL MC NO.301/2020.
1 issue framed by the court
Whether the criminal appeal challenging refusal of anticipatory bail stands infructuous due to remand and bail refusal after filing.
KAMARUDHEEN P.
STATE OF KERALA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
