Disposed

Thomas P.O. v. State of Kerala

Kerala HC24 Sept 2020Crl.MC/2718/2020

Case brief

AI extract

What is this about?

A Criminal Miscellaneous Case was under Section 482 CrPC seeking quashing of the Final Report. The High Court directed the petitioner to surrender before the Judicial First Class Magistrate within three weeks to file a bail application under Section 437 CrPC for immediate consideration.

What did the court decide?

Directed the petitioner to surrender to the Magistrate within three weeks to apply for bail immediately.

Thomas P.O. Vs State of Kerala — Kerala HC (2020) — LawSathi Research

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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 ALEXANDER THOMAS

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THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942

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Crl.MC.No.2718 OF 2020(H)

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CC 680/2020 OF JMFC - VIII, ERNAKULAM (TEMPORARY)

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CRIME NO.311/2019 OF Kadavanthra Police Station , Ernakulam

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PETITIONER/ACCUSED:

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THOMAS P.O. S/O. OUSEPH, PATHIPARAMBAN HOUSE, KORATTY P.O, MURINGOOR , THRISSUR, NOW RESIDING AT 1 A.S GOLDEN RESIDENCY, KADAVANTHRA, ERNAKULAM-682 020

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BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H.

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RESPONDENTS/STATE & 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 SUB INSPECTOR OF POLICE KADAVNATHRA POLICE STATION, KADAVANTHRA, ERNAKULAM DISTRICT-682 020

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3 KOCHURANI VINCENT W/O. DR.VINCENT, 6B,GOLDEN RESIDENCY, KADAVANTHRA, ERNAKULAM-682 020

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R3 BY ADV. SRI.M.R.ABHILASH R3 BY ADV. SRI.V.VISAL AJAYAN R3 BY ADV. SMT.A.SREEPRIYA R3 BY ADV. SRI.S.ASHOK KUMAR. SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No. 2718 of 2020

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ALEXANDER THOMAS, J.

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Crl.M.C. No. 2718 of 2020

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Dated this the 24^th day of September, 2020

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O R D E R

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The prayers in the above Crl.M.C filed under Sec.482 of the

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Cr.PC are as follows:

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“(i) Call for the records relating to Anx.V Final Report filed before the Judicial First Class Magistrate Court-VIII, Ernakulam in connection with Crime No.311/2019 of Kadavanthra Police Station.

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(ii) Quash Anx.V Final Report filed before the Judicial First Class Magistrate Court-VIII, Ernakulam in connection with Crime No.311/2019 of Kadavanthra Police Station.

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(iii) To pass such other orders or reliefs as this Hon’ble Court deems fit in the interest of justice.”

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Heard Sri.G.Hariharan, learned counsel appearing for the

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petitioner, Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for R1 & R2 and Sri.V.Visal Ajayan, learned Advocate appearing for contesting respondent No.3.

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Sri.G.Hariharan, learned counsel appearing for the petitioner/accused would submit on the basis of instructions that though the investigation has been completed and final report has been filed as per Anx.V, as the petitioner has not secured bail, direction may be issued that on the petitioner surrender before the

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Crl.M.C. No. 2718 of 2020

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3 Jurisdictional Magistrate Court concerned, his bail application may be considered and orders passed by the learned Magistrate on the same day of his appearance.

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Taking note of the limited plea made by the petitioner it is ordered that the petitioner will surrender before the Judicial First Class Magistrate Court-VIII, Ernakulam, who is dealing with C.C No.680/2020 and may move bail application under Sec.437 of the Cr.PC, without any further delay, at any rate, within three weeks and in that event the learned Magistrate will consider the said bail application on the same day itself and after affording reasonable opportunity of being heard to the petitioner and the learned Public Prosecutor, may pass orders thereon, on the same day itself and taking note of the fact that the investigation in this case has been completed and final report has also been duly filed etc.

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The petitioner will give advance notice to the Investigating Officer as well as the Assistant Public Prosecutor attached to the abovesaid Magistrate Court at least 48 hours prior to his proposed appearance and motion of bail before the learned Magistrate, so that the prosecution agency is also equipped to make submissions before the learned Magistrate on the bail application filed by the petitioner.

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Crl.M.C. No. 2718 of 2020

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4 6. The Registry will forward a certified copy of this order to the Judicial First Class Magistrate Court-VIII, Ernakulam, who is dealing with C.C No.680/2020 for necessary information. The Secretary to the Office of the Advocate General will ensure that a certified copy of this order is forwarded to the Investigating Officer concerned for necessary information.

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With these observations and directions, the above Criminal Miscellaneous Case will stand disposed of.

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Sd/ALEXANDER THOMAS, JUDGE

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KAS

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Crl.M.C. No. 2718 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-I	TRUE COPY OF THE F REPORT REGISTERED CRIME NO.311/2019 STATION REGISTERED PETITIONER BY THE	IRST INFORMATION IN CONNECTION WITH OF KADAVANTHRA POLICE AGAINST THE 2ND RESPONDENT
ANNEXURE-II	TRUE COPY OF THE C THE M/S.MANAV BHAR NAME OF THE PETITI EVIDENCING PASSING THE PETITIONER	ERTIFICATE ISSUED BY ATI UNIVERSITY IN THE ONER ON 19.08.2015 OF LL.B DEGREE BY
ANNEXURE-III	TRUE COPY OF THE C 05.11.1994 CONFERR BACHELOR OF DENTAL THE UNIVERISITY OF OF THE PETITIONER	ERTIFICATE DATED ING THE DEGREE OF SURGERY ISSUED BY CALICUT IN THE NAME
ANNEXURE-IV	TRUE COPY OF THE P CERTIFICATE OF ENR 17.12.2017 ISSUED KERALA IN THE NAME	ROVISIONAL OLLMENT DATED BY THE BAR COUNCIL OF OF THE PETITIONER
ANNEXURE-V	TRUE COPY OF THE F THE 2ND RESPONDENT COURT-VIII,ERNAKUL IN CRIME NO.311/20 POLICE STATION AGA	INAL REPORT FILED BY BEFORE THE JFCM AM AS C.C.NO.680/2020 19 OF KADAVANTHRA INST THE PETITIONER

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RESPONDENT'S/S EXHIBITS: NIL

Thomas P.O. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thomas P.O. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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