Disposed

Abdul Kabeer v. State of Kerala

Kerala HC10 Aug 2022Crl.MC/2394/2015

Case brief

AI extract

What is this about?

This order considers a Criminal Miscellaneous case seeking quashing of prosecution on grounds of mistaken identity. The Court held that the previous interim order, directing the petitioner to surrender and obtain regular bail, would be made absolute. The Court set a one-month deadline for compliance.

What did the court decide?

The interim order making the petitioner surrender for regular bail is made absolute; one-month compliance deadline granted.

Abdul Kabeer Vs State of Kerala — Writ and Judicial Review | Kerala HC (2022)

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Crl.M.C.No.2394/2015

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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 ZIYAD RAHMAN A.A. WEDNESDAY, THE 10^TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944

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CRL.MC NO.2394 OF 2015

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AGAINST THE ORDER/JUDGMENTCC 14/1991 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI

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PETITIONER:

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ABDUL KABEER, AGED 46 YEARS, S/O.CHEEKU, RESIDING AT KUTTAN KAVIL HOUE, KONDOTTY AMSOM, CHEPPILIKUNNU, MANJERI, MALAPPURAM DISTRICT.

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BY ADVS. SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.2394/2015

O R D E R

The main contention raised by the petitioner in this Crl.M.C. is that, he is being prosecuted as the 4^th accused in C.C.No.14 of 1991 on the file of the Judicial First Class Magistrate Court, Manjeri, which arises from Crime No.81 of 1991 of Kondotty Police Station, on the basis of a mistaken identity. When the Crl.M.C. came up for admission before this Court on 10.04.2015, the following order was passed.

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“Heard. The petitioner seeks orders quashing the prosecution on the ground of mistaken identity. In this Crl.M.A., he seeks stay of proceedings. Stay as such cannot be now granted. The petitioner can very well surrender before the learned Magistrate and obtain regular bail. The question of identity, if at all acceptable can be raised before the trial court and will be considered by the trial court even at the time when application for bail is considered.”

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After considering the relevant aspects, I am of the view that this Crl.M.C. can be disposed of by making the above interim order absolute. In case the petitioner has not surrendered in compliance of the order mentioned above, he shall surrender before the court within a period of one month from today and further steps as stated in the above interim order shall be taken by the learned Magistrate.

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Sd/-

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ZIYAD RAHMAN A.A.

JUDGE

DG/10.8.22

Crl.M.C.No.2394/2015

APPENDIX OF CRL.MC.2394/2015

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PETITIONER ANNEXURES

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Annexure A1 CERTIFIED COPY OF THE COPY APPLICATION REQUESTING THE CASE RECORDS IN L.P.NO.19 OF 1994, AS APPLICATION NO.57/2015 RETURNED, DATED 9.2.2015. Annexure A2 CERTIFIED COPY OF THE APPLICATION DATED 9.1.1992 OBTAINED BY THE PETITIONER ON 21.2.2015, FILED BY THE SUB INSPECTOR OF POLICE KONDOTTY POLICE STATION, REQUESTING THE ISSUANCE OF A WARRANT AGAINST THE PETITIONER.

Abdul Kabeer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Kabeer v. State of Kerala

Case brief

What is this about?

What did the court decide?

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