Disposed

N.Kumar v. State of Kerala

Kerala HC14 Dec 2020Crl.MC/1106/2014

Case brief

AI extract

What is this about?

This Criminal Miscellaneous case addressed the submission of a fugitive from justice to the process of law. The High Court ordered the petitioner to surrender to the Trial Court and file a bail application with advance notice to the Public Prosecutor.

What did the court decide?

Petitioner directed to surrender before the Judicial Magistrate of First Class-I, Thamarassery and move an application for bail with advance notice to the Public Prosecutor.

N.Kumar Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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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 V.G.ARUN

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MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942

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Crl.MC.No.1106 OF 2014

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AGAINST THE ORDER/JUDGMENT IN CC 597/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THAMARASSERY

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CRIME NO.531/2011 OF Thamarassery Police Station , Kozhikode

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PETITIONER/S:

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N.KUMAR S/O.NAGAMONY NADAR, DOOR NO.188/2, SUBRAMANYA SIVA STREET, NEHRU NAGAR, BY PASS ROAD, MADURAI 10, (ADDRESS SHOWN AS: NO.2 JAINHINDPURAM, MADURAI, TAMILNADU IN THE FINAL REPORT OF THE JUDICIAL MAGISTRATE OF IST CLASS-I, THAMARASSERY IN CC NO.796 OF 2012 AND REFILED AS CC 597/13.

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BY ADVS.

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SRI.K.MUHAMMED SALAHUDHEEN SRI.K.MINTOOB CHAND

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RESPONDENT/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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2 RAKESH RADH S/O. K.T.RADHAKRISHNAN, FLAT NO.H6, 2ND FLOOR,SRS APARTMENT, VEYPOOR, THAMARASSERY POST, KOZHIKKODE DISTRICT.

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BY SMT. SREEJA V, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1106 OF 2014

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ORDER

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Dated this the 14th day of December 2020

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Being an old matter, a report was called for, from the Jurisdictional Magistrate Court. It is reported that the co-accused were acquitted after trial and case against the petitioner was split up due to his absence and refiled as C.C.No. 597 of 2013. The case was later entered into the long pending register and numbered as L.P.C. 51/2015. It is stated that due to continued absence of the petitioner, Non-bailable warrants were being issued against the petitioner till 03.04.2020 and thereafter, due to the pandemic situation, warrants are not being issued and the case stands posted to 15.02.2021.

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The learned counsel for the petitioner submits that the petitioner has a good case on merits. Whatever be the merits of the case, petitioner being a

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Crl.MC.No.1106 OF 2014

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fugitive from justice, who has refused to submit himself to the process of law, in spite of Non-bailable warrants being issued. Hence, he should first submit himself to the process of law by surrendering before the Trial Court.

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The Crl.M.C is disposed directing the petitioner to surrender before the Judicial Magistrate of the First Class -I, Thamarassery, in C.C. No. 597/2013 and to move an application for bail, with advance notice to the Public Prosecutor. In such event, the learned Magistrate shall consider the bail application on the date of surrender and pass appropriate orders thereon, on the same day.

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This Crl.M.C is disposed of, with the above

directions.

Sd/-

V.G.ARUN

JUDGE

avs

Crl.MC.No.1106 OF 2014

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 COPY OF THE FIR IN CRIME NO.531/2011 OF THAMARASSERY POLICE STATION. ANNEXURE A2 COPY OF THE FINAL REPORT WHICH WAS ACCEPTED ON FILES AS CC NO.796 OF 2012 BEFORE THE JUDICIAL MAGISTRATE OF IST CLASS-I, THAMARASSERY DATED 27.09.2012. ANNEXURE A3 TRUE PHOTOCOPY OF THE JUDGMENT IN CC NO.796 OF 2012 OF THE JUDICIAL MAGISTRATE OF IST CLASS-I, THAMARASSERY DATED 16.07.2013. ANNEXURE A4 TRUE PHOTOCOPY OF THE FIRST INFORMATION RECORDING THE CONFESSION OF THE IST ACCUSED IN CRIME NO.531 OF 2011 OF THAMARASSERY POLICE STATION.

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RESPONDENT'S/S EXHIBITS:

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

N.Kumar v. State of Kerala

Case brief

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N.Kumar v. State of Kerala

Case brief

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