The High Court directed the accused to surrender to the Assistant Sessions Court within two weeks. It mandated that the pending bail application be disposed of on the same day after hearing both sides, keeping the non-bailable warrant in abeyance.
Direct order to surrender within two weeks and dispose bail application same day; warrant kept in abeyance.
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.
CRL.MC NO. 9599 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
CRL.MC NO. 9599 OF 2022
S.C.NO.223/2019 OF THE ASSISTANT SESSIONS JUDGE, OTTAPALAM
PETITIONER/ACCUSED:
VIMAL @ KUNJANNAN
AGED 31 YEARS
S/O.N.T.NARAYANANKUTTY, THURAYATTIL, KUMBIDI,
ANAKKARA, PALAKKAD, PIN - 679553
BY ADV K.P.ARUN
RESPONDENT/S:
STATE OF KERALA
THROUGH THE SHO, THRITHALA POLICE STATION,
PALAKKAD DISTRICT REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SMT T V NEEMA -SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9599 OF 2022
2
O R D E R
The petitioner is the accused in SC 223/2019 on the file of Assistant Sessions Court, Ottappalam (for short ‘the court below’).
under Section 55(i) of the Abkari Act.
petitioner. The learned counsel for the petitioner submits that the petitioner is prepared to surrender before the court below. Hence
he seeks for regular bail. The limited prayer of the petitioner is to give a direction to the court below to consider the bail application
on the same day itself. Hence, Crl.M.C is disposed of as follows:
i) The petitioner shall surrender before the Court below within two weeks from today.
ii) The bail application, if any, filed by the petitioner shall be disposed of by the court below on the same day itself, after hearing both sides, in accordance with law.
CRL.MC NO. 9599 OF 2022
3
iii) Till the bail application is disposed of, the non bailable warrant pending against the petitioner shall be kept in abeyance.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ab
CRL.MC NO. 9599 OF 2022
4
APPENDIX OF CRL.MC 9599/2022
PETITIONER ANNEXURES
Annexure 1THE TRUE COPY OF THE CASE STATUS OF THE
SC NO : 223/2019 ON THE FILE OF ASSISTANT
SESSIONS COURT, OTTAPPALAM
RESPONDENTS ANNEXURES: NIL
1 issue framed by the court
Whether to grant direction to the court below to consider the bail application of an accused pending before it.
VIMAL @ KUNJANNAN
STATE OF KERALA
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court