Disposed

Shibi Kurian v. State of Kerala

Kerala HC12 Jan 2022Bail Appl./91/2022

Case brief

AI extract

What is this about?

The Single Judge disposed of an anticipatory bail application by observing that since a final report was filed and a summons pending, the petitioner should approach the Courts with�tional Court, which shall release the petitioner on bail. The case is disposed of without granting specific bail.

What did the court decide?

The petitioner directed to approach the Jurisdictional Court for bail.

Shibi Kurian Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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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 GOPINATH P.

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WEDNESDAY, THE 12^TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943

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BAIL APPL. NO. 91 OF 2022

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AGAINST THE ORDER/JUDGMENT IN CRMC 28/2021 OF DISTRICT COURT &

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SESSIONS COURT, ERNAKULAM

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O.R.NO.1/2019 OF INCHATHOTTY FOREST STATION, ERNAKULAM DISTRICT NOW PENDING BEFORE THE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTHAMANGALAM AS C.C.NO.15/2022

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PETITIONER/2nd ACCUSED PERSON:

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SHIBI KURIAN AGED 45 YEARS SON OF SRI.A.M.KURIAKOSE, AIVATHUKUDIYIL HOUSE, URULANTHANNI P.O., KOTHAMANGALAM, KERALA, PIN - 686 681.

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BY ADVS.

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AADITHYAN S.MANNALI LUKE J CHIRAYIL

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RESPONDENTS:

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

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2 THE INSPECTOR FOREST RANGE OFFICE, NERIAMANGALAM FOREST STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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OTHER PRESENT:

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SRI. NAGARAJ NARAYANAN (SPL. PP - FOREST)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO.91 OF 2022

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ORDER

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This anticipatory bail application was filed fearing arrest in O.R.No.1/2019 of Inchathotty Forest Station, Ernakulam District, which is now pending before the Hon'ble Judicial First Class Magistrate Court-II, Kothamangalam as C.C.No.15/2021.

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Today, when the matter is taken up for consideration, Sri.Nagaraj Narayanan, the learned Special Government Pleader (Forest), who appears for the respondents in this case, would submit that a summon is pending against the petitioner and since the final report has been filed, the petitioner may approach the Jurisdictional Court with an application for bail. It is submitted that the case is posted on 25.01.2022.

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Having regard to the aforesaid submission of the learned Special Government Pleader (Forest), I am of the view of that it is for the petitioner to approach the Jurisdictional Court for bail. The Jurisdictional Court shall, having regard to the facts and circumstances of the case and imposing such conditions as has been necessary to secure the presence of the petitioner in the trial, release the petitioner on bail.

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This bail application is disposed of as above.

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Sd/- GOPINATH P. JUDGE

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bng/12.01.2022

Shibi Kurian v. State of Kerala

Case brief

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Shibi Kurian v. State of Kerala

Case brief

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