Dismissed

Reji M.P. v. State of Kerala

Kerala HC10 Nov 2020Crl.MC/8968/2019

Case brief

AI extract

What is this about?

The Court dismissed a criminal miscellaneous case filed under Section 482 Cr.P.C. challenging an interim order cancelling bail granted under Section 437(5) Cr.P.C. The Bench held that without warranting reasons for interference, the order could not be interfered with.

What did the court decide?

The criminal miscellaneous case was dismissed without prejudice to the right of petitioners to move for fresh bail based on change of circumstance.

Reji M.P. 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 P.SOMARAJAN

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TUESDAY, THE 10TH DAY OF NOVEMBER 2020 / 19TH KARTHIKA, 1942

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Crl.MC.No.8968 OF 2019(A)

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ORDER IN CRMC 235/2019 OF SESSIONS COURT, ERNAKULAM CRIME NO.125/2019 OF ERNAKULAM SOUTH POLICE STATION, ERNAKULAM

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PETITIONERS/ACCUSED Nos. 1 & 2:

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1 REJI M.P., AGED 44 YEARS, S/o PAULOSE, MALAYIL HOUSE, 10-C, ASSET CITY BAY, CHATHARI, KARINGACHIRA, NADAMA, HILL PALACE, ERNAKULAM

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2 MRS. AJITHA REJI, AGED 39 YEARS, W/o REJI.M.P., MALAYIL HOUSE, 10-C, ASSET CITY BAY, CHATHARI, KARINGACHIRA, NADAMA, HILL PALACE, ERNAKULAM

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BY ADV. SRI.M.R.SARIN

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RESPONDENTS/COMPLAINANT & PETITIONER:

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1 STATE OF KERALA, REPRESENTED BY SI OF POLICE, HILL PALACE POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

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2 MANUEL JACOB, AGED 38 YEARS, S/o T.X.THOMAS, THOTTEKATT HOUSE, PALLURUTHY P.O., KOCHI-6

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R2 BY ADVS. SRI.JAGAN ABRAHAM M.GEORGE SRI.P.GOPAKUMAR SRI.JAISON ANTONY BY PUBLIC PROSECUTOR SRI. E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10.11.2020. THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.8968 of 2019

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ORDER

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Annexure A3 order cancelling the bail under

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Section 437(5) Cr.P.C. is under challenge. It was submitted that since it is an interim order, no revision will lie. As such, the petitioners came up under Section 482 Cr.P.C.

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Bail was cancelled on the ground of violation of bail conditions. As such, it cannot be interfered with, unless there is warranting reason. No warranting reason brought to the notice of this Court. Hence, Crl.M.C. is dismissed without prejudice to the right of petitioners to move for fresh bail based on the change of circumstance.

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Crl.M.C. is dismissed.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

Crl.M.C.No.8968 of 2019

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE-A1 TRUE COPY OF THE COMMON ORDER PASSED IN CRL MC NO.211/19 AND CRL MC 235/19 BY THE SESSIONS COURT, ERNAKULAM

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ANNEXURE-A2 THE TRUE COPY OF THE OBJECTION FIELD BY THE PETITIONERS IN CRL MP NO 2575/19 IN CRL MC NO.235/19 BEFORE THE SESSION COURT ANNEXURE-A3 THE CERTIFIED COPY OF THE ORDER IN CRL MP NO.2575/19 ON CRL MC 235/19 BEFORE THE SESSION COURT ANNEXURE-A4 THE TRUE COPY OF THE SALE NOTICE ISSUED BY AUTHROISED OFFICER, SOUTH INDIAN BANK ANNEXURE-A5 THE TRUE COPY OF THE SALE NOTICE ISSUED BY THE AUTHORISED OFFICER SBI DATED ON 31.07.2016

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ANNEXURE-A6 THE TRUE COPY OF THE INTERIM ORDER IN IA NO.1894/2019 IN SA NO.320/2019 ON THE FILE OF DRT ERNAKULAM, DATED 21.11.2019 RESPONDENTS' ANNEXURE: NIL

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// TRUE COPY //

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P.A. TO JUDGE

Reji M.P. v. State of Kerala

Case brief

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Reji M.P. v. State of Kerala

Case brief

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