Disposed

Al Ameen v. State of Kerala

Kerala HC17 Dec 2020Crl.MC/5768/2020

Case brief

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What is this about?

The Kerala High Court disposed of a criminal miscellaneous petition allowing the petitioner to surrender before the Additional Chief Judicial Magistrate Court and move a bail application on the date of surrender, with advance notice to the Public Prosecutor, considering anticipatory bail granted to other accused.

What did the court decide?

Permission granted to surrender and move bail application on date of surrender with advance notice to Public Prosecutor; Magistrate directed to consider bail on surrender date.

Al Ameen 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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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

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Crl.MC.No.5768 OF 2020(A)

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CP 14/2020 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM

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CRIME NO.890/2018 OF Medical College Police Station , Thiruvananthapuram

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PETITIONER/S:

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AL AMEEN AGED 23 YEARS S/O. ASIM KHAN, SAPHIA MAHAL , T.C 1/1911(1), KUMARAPURAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695 011

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BY ADV. SRI.RENJIT GEORGE

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RESPONDENT/S:

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

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2 SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM-695 011

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OTHER PRESENT:

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PP SREEJA V.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5768 OF 2020(A)

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-2-

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ORDER

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Dated this the 17^th day of December, 2020

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Petitioner is the accused in C.P.No.14 of 2020 pending before the Additional Chief Judicial

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Magistrate Court, Thiruvananthapuram. The prayer in this Crl.M.C is to permit the petitioner to surrender in C.P.No.14 of 2020 and to move an application for bail and for a direction to the jurisdictional Magistrate to consider his bail application on the date of surrender itself.

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2. Learned Counsel for the petitioner submits that the petitioner was working outside the State and was not aware of the proceedings and his absence before the court was not willful. Reference is made to Annexures A4 and A5 orders to submit that this Court granted anticipatory bail to accused Nos. 2 and 3.

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Considering the limited request, the Crl.M.C

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Crl.MC.No.5768 OF 2020(A)

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is disposed of, permitting the petitioner to surrender before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram in C.P.No.14 of 2020 and to move an application for bail, with

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advance notice to the Public Prosecutor concerned. In such event, the learned Magistrate shall consider the bail application on the date of surrender and pass appropriate orders thereon. While effecting such consideration, the learned Magistrate may also take into account the fact that accused Nos.2 and 3 were granted anticipatory bail by this Court.

sd/-

V.G.ARUN JUDGE

Scl/17.12.2020

Crl.MC.No.5768 OF 2020(A)

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-4-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A1

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THE TRUE COPY OF THE FIR IN CRIME NO.890/2018 OF MEDICAL COLLEGE POLICE STATION

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ANNEXURE-A2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.890/2018 OF MEDICAL COLLEGE POLICE STATION

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ANNEXURE-A3 THE TRUE COPY OF THE SUMMONS ISSUED TO THE PETITIONER FROM THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM

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ANNEXURE-A4 THE TRUE COPY OF THE ORDER DATED 02.01.2019 IN BAIL APPLICATION NO.3/2019 OF THIS HON'BLE COURT GRANTING ANTICIPATORY BAIL TO THE SECOND ACCUSED

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ANNEXURE-A5

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THE TRUE COPY OF THE ORDER DATED 09.11.2018 IN BAIL APPLICATION NO.7328/2018 OF THIS HON'BLE COURT GRANTING ANTICIPATORY BAIL TO THE THIRD ACCUSED

Al Ameen v. State of Kerala

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Al Ameen v. State of Kerala

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