Disposed

Dr. Anu.v v. State of Kerala

Kerala HC22 Dec 2022Crl.MC/9479/2022

Case brief

AI extract

What is this about?

This is a criminal miscellaneous case where four accused petitioners, facing non-bailable warrants after bail, sought directions to surrender to the Magistrate Court to have bail applications considered immediately. The Court granted a three-week reprieve, stayed the execution of warrants, and directed the Magistrate to consider bail positively on the date of surrender. No specific section of law

What did the court decide?

Stayed execution of non-bailable warrants for three weeks and directed petitioners to surrender; ordered Magistrate to consider bail positively on the date of surrender.

Dr. Anu.v 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 ZIYAD RAHMAN A.A.

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THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944

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CRL.MC NO. 9479 OF 2022

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CRIME NO.1355 OF 2019 OF NOORANADU POLICE STATION

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AGAINST THE ORDER/JUDGMENT IN CC 86/2020 OF JUDICIAL MAGISTRATE OF

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FIRST CLASS - II, MAVELIKKARA

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PETITIONERS/ACCUSED NOS. 1 TO 4:

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1DR. ANU.V
AGED 36 YEARS
W/O RAJESH, CHAKKALAYIL HOUSE, MEKKUMMURI,
THAMARAKULAM VILLAGE, MAVELIKKARA,
ALAPPUZHA, PIN - 690101

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2DR. RAJESH
S/O CHANDRAN, CHANDRA NIVAS, PRAYAR THEKKUMURIYIL,
ALUMPEEDIKA.P.O, KLAPPANA, KOLLAM, PIN - 690546

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3DR. SARATHCHANDRAN
S/O CHANDRAN, CHANDRA NIVAS, PRAYAR THEKKUMURIYIL,
ALUMPEEDIKA.P.O, KLAPPANA, KOLLAM, PIN - 690546
4MIDHUNDAS
S/O THULASEEDHARAN, VIPANJIKA HOUSE, PRAYAR
THEKKUMURIYIL, ALUMPEEDIKA.P.O, KLAPPANA,
KOLLAM, PIN - 690546
BY ADVS.
C.S.MANILAL
S.NIDHEESH
KUNJAPPEASOW RAINGE

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RESPONDENT/STATE:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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ADV VIPIN NARARYAN -PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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22.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 9479 OF 2022

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ZIYAD RAHMAN A.A., J.

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========================

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Crl.M.C.No. 9479 of 2022

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=========================

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Dated this the 22^nd day of December, 2022

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O R D E R

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Petitioners are the accused Nos. 1 to 4 in Crime No.1355 of 2019 of Nooranadu Police Station, which is now pending before the Judicial First Class Magistrate Court-II, Mavelikkara as C.C.No.86 of 2020. The aforesaid crime was registered against the petitioners for the offences punishable under Sections 451, 294(b), 323, 506(1), 427 read with Section 34 of Indian Penal Code.

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The petitioners were released on bail during the crime stage. It is the case of the petitioners is that, later when the cognizance was taken on the final report submitted by the police, they did not receive any summons from the Judicial First Class Magistrate Court-II, Mavelikkara and therefore, they were not aware of the said proceedings. Therefore, nonbailable warrant happened to be issued against the

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CRL.MC NO. 9479 OF 2022

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petitioners and the learned Magistrate also initiated proceedings against them under Sections 82 and 83 of Cr.P.C. They came to know about the said proceedings very recently and they express their willingness to surrender before the court, but the apprehension of the petitioners is that, in the event of such surrender they are likely to be detained, since proceedings under Sections 82 and 83 of Cr.P.C were already initiated. They seeks for a direction to the learned Magistrate, to consider the application submitted for bail, on the date of surrender itself.

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After considering all the relevant aspects, I am of the view that, some indulgence can be shown by granting an opportunity to the petitioners to surrender before the learned Magistrate.

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In such circumstances, this Crl.M.C. is disposed of, directing the petitioners to surrender before the Judicial First Class Magistrate Court-II, Mavelikkara within a period of three weeks from today and submit necessary applications for bail and to recall the warrants. In the event of such surrender and

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CRL.MC NO. 9479 OF 2022

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submission of applications, the same shall be considered by the learned Magistrate, positively on the date of surrender itself, provided the petitioners give advance notice to the Public Prosecutor concerned. To enable the petitioners to do so, execution of the non-bailable warrants shall kept in abeyance for a period of three weeks from today or till the date of surrender, whichever is earlier.

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ZIYAD RAHMAN A.A. JUDGE

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CRL.MC NO. 9479 OF 2022

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APPENDIX OF CRL.MC 9479/2022

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PETITIONER ANNEXURES :

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ANNEXURE1

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TRUE COPY OF THE PROCEEDINGS IN C.C
86/2020 ON THE FILE OF JFCM-11,
MAVELIKKARA DATED 28.11.2022

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// True Copy // PA To Judge

Dr. Anu.v v. State of Kerala

Case brief

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Dr. Anu.v v. State of Kerala

Case brief

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