Disposed

Robin Paily v. the Assistant Director

Kerala HC21 Dec 2020Crl.MC/3378/2020

Case brief

AI extract

What is this about?

The High Court of Kerala directed the CBI to take effective steps to implement the Interpol arrest warrant (Red Corner Notice) against the fourth respondent, Bijo Joseph, and instructed the State Police to assist in tracing and arresting him.

What did the court decide?

Direction to the CBI to implement the arrest warrant (Red Corner Notice) and to the State Police to assist in tracing the accused/the fourth respondent.

Robin Paily Vs the Assistant Director — Constitutional and Fundamental Rights | 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 P.SOMARAJAN

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MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942 Crl.MC.No.3378 OF 2020(B)

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PETITIONER:

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ROBIN PAILY, AGED 31 YEARS S/O. JOSEPH PALLY, THANNIKOITTU HOUSE, PANAYIKULAM, ALUVA :683511. NOW RESIDING AT C/O. S.P JACOB, SRAMBICKAL HOUSE, BINANIPURAM, EDAYAR, ERNAKULAM 683502

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BY ADVS. SRI.V.JAYAPRADEEP SMT.ANN SUSAN GEORGE SMT.O.A.NURIYA SRI.D.S.LOKANATHAN SRI.ALAN PRIYADARSHI DEV

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RESPONDENTS:

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1 THE ASSISTANT DIRECTOR NATIONAL CENTRAL BUREAU (INTERPOL) NEW DELHI, CENTRAL BUREAU OF INVESTIGATION, PLOT NO.5-B, 6TH FLOOR, A-WING, CGO COMPLEX, LODHI ROAD, NEW DELI 110 003

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2 THE DIRECTOR GENERAL OF POLICE, OFFICE OF THE DGP, THIRUVANANTHAPURAM 695 001

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3 THE STATION HOUSE OFFICER, ALUVA EAST POLICE STATION, ERNAKULAM 683101

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4 BIJOY JOSEPH, S/O. JOSEPH KACHAPPILLY, KACHAPPILLY HOUSE, JOYS 1/119, SEMINARY ROAD, ALUVA P.O,ERNAKULAM 683103 MOB. 9446735584, 9447985584, 0097466430446

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R1 BY SRI. SASTHAMANGALAM S. AJITHKUMAR, SPL.P.P. FOR C.B.I. R2 BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER R4 BY ADV. SRI.SANTHOSH SUBRAMANIAN R4 BY ADV. SRI.E.A.THANKAPPAN R4 BY ADV. SRI.S.SREEKUMAR(NORTH PARAVUR) R4 BY ADV. SHRI.SHERRY J. THOMAS R2 BY ADV.SRI.RAMESH CHAND, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.3378 OF 2020(B)

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ORDER

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Arrest Warrant (Red Corner notice) was

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issued by the Interpol on 12/11/2017 which was subsequently renewed on two occasions i.e. on

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6/3/2018 and 9/5/2018, but the Nodal Authority attached to CBI could not apprehend the accused based on the arrest warrant. It is reported by the learned counsel for the fourth

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respondent/accused that the accused was very much available in India and came to his office for the purpose of engaging him. It is also submitted that the period of arrest warrant was elapsed and as such, the present application cannot be maintained.

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The learned standing counsel for the CBI submitted that they are prepared to take effective steps to implement the arrest warrant (Red Corner Notice), if any pending against the fourth respondent/accused and sought the assistance of the local Police to trace out the

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Crl.MC.No.3378 OF 2020(B)

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accused. Hence there will be a direction to the CBI to that effect and the State Police shall give all sort of assistance to trace out the accused/the fourth respondent.

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Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

SPV

Crl.MC.No.3378 OF 2020(B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 COPY OF THE JUDGMENT DATED 01-0-2017 OF THE QUATAR SUPREME JUDICIAL COUNCIL COURT.

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ANNEXURE A2 COPY OF THE ARREST WARRANT AGAINST THE 4TH RESPONDENT DATED 12-11-2017 ANNEXURE A3 COPY OF THE ARREST WARRANT DATED 09-052018 ANNEXURE A4 COPY OF THE JUDGMENT DATED 02-03-2018 IN W.P(CRL.) NO. 62/2018 OF THIS HON'BLE COURT ANNEXURE A5 COPY OF THE PETITION DATED 17-09-2018 ANNEXURE A6 COPY OF THE RECEIPT DATED 17-09-2018 ISSUED BY THE 1ST RESPONDENT ANNEXURE A7 COPY OF THE PHOTOGRAPHS ANNEXURE A8 COPY OF THE REPRESENTATION DTD 02-032020 ANNEXURE A9 COPY OF THE RECEIPT DATED 02-03-2020 ISSUED BY THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS:

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ANNEXURE R4 (A) TRUE COPY OF HAND WRITEN FORGED DOCUMENT DATED 09.05.2018 ANNEXURE R4 (B) TRUE COPY OF TEH ARREST WARRANT SUBMITTED BY THE ROBIN IN W.P(C) NO.20884/2018 DATED 09.05.2015 ANNEXURE R4 (C) TRUE COPY OF THE JUDGMENT DATED IN W.P.(C) 20884/2018 DATED 16.07.2018 OF THIS HON'BLE COURT.

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//TRUE COPY//

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PA TO JUDGE

Robin Paily v. the Assistant Director

Case brief

What is this about?

What did the court decide?

Robin Paily v. the Assistant Director

Case brief

What is this about?

What did the court decide?

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