Petitioner challenged a Sessions Judge's order granting anticipatory bail to the accused under Section 438 Cr.P.C. by invoking Section 482 Cr.P.C. The single judge held that Section 438 relies on inherent protection, rendering a Section 482 challenge incompetent for final orders. Crl.M.C. dismissed.
Criminal Miscellaneous Case Crl.M.C.No.5106 of 2020 dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942
Crl.MC.No.5106 OF 2020(G)
AGAINST THE ORDER IN CRMC 1344/2020 OF SESSIONS COURT, KOLLAM CRIME NO.2468/2020 OF KARUNAGAPALLY POLICE STATION, KOLLAM
PETITIONER/DEFACTO COMPLAINANT:
RAJ KAPOOR, AGED 47 YEARS, S/o ABDUL KARIM, MADATHIL HOUSE, MADANADA, KOLLAM-10.
BY ADVS.SRI.C.RAJENDRAN
SRI.B.N.HASKAR
SRI.B.K.GOPALAKRISHNAN
RESPONDENT/STATE & ACCUSED:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 SAYID MOHAMMED, AGED 38 YEARS, S/o MOHAMMAD SALI, SABINS VEEDU, PADA NORTH, KARUNAGAPPILLY, KOLLAM-690518.
R2 BY ADVS. SRI.D.SREEVALLABHAN SRI.S.JAYAKRISHNAN (KARUNAGAPPALLY) R1 BY PUBLIC PROSECUTOR SRI. D. CHANDRASENAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5106 of 2020
2
ORDER
An order granting anticipatory bail to the accused by the Sessions Judge in a crime alleging the offence under Sections 420, 406 and 468 IPC brought under challenge under Section 482 Cr.P.C. by the defacto complainant. Since it is an order granting anticipatory bail to the accused by a competent court under Section 438 Cr.P.C., it cannot be challenged under Section 482
Cr.P.C, since there is a provision for redressing the grievance of the petitioner.
Crl.M.C. hence dismissed. This will not stand in
the way of exhausting other remedies as per the law in force.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.5106 of 2020
3
APPENDIX
PETITIONER'S ANNEXURES
| ANNEXURE A1 | A TRUE PHOTOCOPY OF THE FIR NO.2468/2020 OF KARUNAGAPPALLY POLICE STATION, DATED 20.08.2020. |
|---|---|
| ANNEXURE A2 | A TRUE PHOTOCOPY OF THE ORDER IN CRL.M.P.806/2020 DATED 12.10.2020 OF THE PRINCIPAL SESSIONS COURT, KOLLAM. |
| ANNEXURE A3 | A TRUE PHOTOCOPY OF THE ORDER PASSED BY THE PRINCIPAL SESSIONS COURT, KOLLAM, DATED 20.10.2020 IN CRL.M.C.NO.1344/2020. |
| ANNEXURE A4 | A TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE. |
| ANNEXURE A5 | A TRUE PHOTOCOPY OF THE RECEIPT OF ADVANCE AMOUNT DATED 16.07.2019. |
| ANNEXURE A6 | A TRUE PHOTOCOPY OF THE LETTER OF DELIVERY OF THE CAR TO THE 2ND RESPONDENT DATED 24.08.2019. |
| ANNEXURE A7 | A TRUE PHOTOCOPY OF THE DEMAND NOTICE DATED 16.07.2020 ISSUED BY HDFC BANK. |
| **RESPONDENTS' ** | ANNEXURE: NIL |
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether anticipatory bail granted by Sessions Judge under Section 438 Cr.P.C. can be challenged under Section 482 Cr.P.C.
2 provisions across 1 enactments
RAJ KAPOOR
STATE OF KERALA
SAYID MOHAMMED
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
