Petitioner, accused in offences under Explosive Act and Prevention of Cruelty to Animals Act, sought direction to release on bail citing Aman Preet Singh. Court declined to interfere, holding the Magistrate has jurisdiction to decide bail considering facts and materials on record.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 CRL.MC NO. 9340 OF 2022
AGAINST THE ORDER/JUDGMENTCP 66/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS , MANNARKAD
PETITIONER/S:
ABDUL KAREEM AGED 65 YEARS S/O KUNJAY AMMU HAJI, OTHUKKUMPURATH HOUSE, EDATHANATTUKARA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678601 BY ADVS. S.RAJEEV M.S.ANEER V.VINAY PRERITH PHILIP JOSEPH SARATH K.P. ANILKUMAR C.R.
RESPONDENT/S:
STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO 571/2020 MANNARKKAD POLICE STATION, PALAKKAD), PIN - 682031 ADV. VIPIN NARAYAN - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 23rd day of December, 2022
The petitioner is the accused No.1 in crime No.571/2020 of Mannarkkad Police Station, which is now pending as C.P. No.66/2022 before the Judicial First Class Magistrate's Court, Mannarkkad. The aforesaid crime was registered for the offences punishable under Sections 9B(i)(b) of Explosive Act and Section 11(1)(I) of the Prevention of Cruelty to Animals Act, 1960.
the prosecution, the injuries sustained while the elephant attempted to consume a pineapple. It is revealed in the investigation that, the aforesaid pineapple was laded with explosives and it was done at the instance of the accused persons. As the petitioner was absconding even at the investigation stage, the final report was submitted showing him as absconded. Now, he expresses his willingness to surrender, but
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he seeks for a direction to the learned Magistrate to consider the bail application of the petitioner in the light of decision reported in Aman Preet Singh v. CBI [AIR 2021 SC 4154] and further to direct the learned Magistrate to release on bail upon his appearance. He also places reliance on Annexure 1 and Annexure 1(a) medical certificates showing to establish his health condition.
After considering all the relevant aspects, I am of the view that, the prayer sought for by the petitioner is a matter which comes within the jurisdiction the learned Magistrate and therefore it is for the petitioner to approach the learned magistrate and raise all the contentions. An appropriate decision shall be taken by the
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learned Magistrate after evaluating the materials placed on
record.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
ncd
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APPENDIX OF CRL.MC 9340/2022
PETITIONER ANNEXURES Annexure-I MEDICAL CERTIFICATE ISSUED FROM MAULANA HOSPITAL DATED 20.10.2022 Annexure-I(a) THE CERTIFICATE ISSUED FROM MAULANA HOSPITAL CARDIOLOGY DEPARTMENT Annexure-II A COPY OF THE PROCEEDING SHEET DATED 12.12.2022 IN CP NO 66/2022 OBTAINED FROM E-COURT OF JUDICIAL FIRST-CLASS MAGISTRATE, COURT MANNARKKAD
2 issues framed by the court
Whether the petitioner is entitled to a direction from the High Court to release him on bail immediately in a serious offence where he was previously absconding.
Whether the matter of bail should be decided by the High Court or referred to the learned Magistrate for evaluation of materials.
Colour shows how this judgement treated each authority
Aman Preet Singh v. CBIReferred¶19
Aman Preet Singh v. CBI [AIR 2021 SC 4154] · Who else cites this
2 provisions across 2 enactments
ABDUL KAREEM
STATE OF KERALA
ZIYAD RAHMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
