This criminal miscellaneous case addressed a petition for bail under Section 482 Cr.P.C. filed against a non-bailable warrant. The High Court held the petition to be a misuse of court process due to the lack of valid reason for bypassing the trial court.
Criminal Miscellaneous Case dismissed in limine for misuse of process.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
CRL.MC NO. 2880 OF 2021
AGAINST THE ORDER/JUDGMENT IN SC 1016/2019 OF DISTRICT COURT &
SESSIONS COURT, ERNAKULAM,
PETITIONER/1ST ACCUSED:
VISHNU M.P AGED 30 YEARS S/O. PRAKASH, MALIEKKAL HOUSE, NERIYAMANGALAM
BY ADV PEEYUS A.KOTTAM
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN- 682 031
2 SUB INSPECTOR OF POLICE, OONNUKAL POLICE STATION, PIN686693
BY ADV.SMT.S.L.SYLAJA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CRL.MC NO. 2880 OF 2021
ORDER
The accused No.1 came up under Section 482 Cr.P.C
for issue a direction to the Sessions Court to release the petitioner on bail in SC.1016/19 pending before that court.
It is submitted that non-bailable warrant was
issued against accused No.1. Instead of approaching the trial court, the petitioner came up under Section
482 Cr.P.C. without any valid reason. Hence, the
present petition amounts to misuse of process of the court. The Crl.M.C cannot be entertained. The same dismissed in limine.
Sd/-
P.SOMARAJAN
JUDGE
SPV
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CRL.MC NO. 2880 OF 2021
APPENDIX
PETITIONER'S EXHIBITS
ANNEXURE A1: THE TRUE COPY OF THE ORDER IN CRL.APPEAL NO.120/2019 DATED 12.02.2019 PASSED BY THIS HON'BLE COURT
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether a petition for bail under Section 482 Cr.P.C. is maintainable when a non-bailable warrant has already been issued against the accused without valid cause.
1 provisions across 1 enactments
VISHNU M.P
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
SUB INSPECTOR OF POLICE, OONNUKAL POLICE STATION
PSOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
