Disposed

Anu v. State of Kerala

Kerala HC23 Mar 2023Bail Appl./674/2023

Case brief

AI extract

What is this about?

Petitioner seeking regular bail as 3rd accused filed an application where he falsely averred no other bail petitions were pending. He had already obtained statutory bail from a Special Court. Court expressed extreme displeasure, directed lower courts to ensure no other applications are pending, and allowed this petition as already relieved.

What did the court decide?

Bail application disposed; no other relief granted.

Anu Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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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 A. BADHARUDEEN

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THURSDAY, THE 23^RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945

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BAIL APPL. NO. 674 OF 2023

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CRIME NO.1337/2022 OF THODUPUZHA POLICE STATION

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PETITIONER/3RD ACCUSED:

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ANU AGED 29 YEARS, S/O UNNI, RESIDING AT KARAMAKKADAVIL HOUSE, MUTHARAMKUNNU BHAGOM, VENGALLOOR KARA, KUMARAMANGALAM VILLAGE, IDUKKI DISTRICT, PIN - 685608 BY ADVS. P.CHANDY JOSEPH C.K.VIDYASAGAR

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RESPONDENTS/STATE/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SUB INSPECTOR OF POLICE THODUPUZHA POLICE STATION, THODUPUZHA, PIN - 685584

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P G MANU – SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No. 674 of 2023

ORDER

Dated this the 23^rd day of March, 2023

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This is a petition filed under Section 439 of the Code

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of Criminal Procedure, seeking regular bail and the petitioner is the 3^rd accused in crime No.1337/2022 of Thodupuzha Police Station.

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When this petition was considered by this Court on 13.03.2023, the learned counsel for the petitioner submitted that, this petition was not pressed. At this juncture, the learned Public Prosecutor submitted that, keeping this bail application pending, the petitioner filed another bail application before the Special Court and obtained bail. The learned Public Prosecutor

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also submitted that, such a course of action is not legally permissible.

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In view of the above submission, this Court called for a report from the learned Special Judge, Thodupuzha. As per the report dated 23.03.2023, the learned Special Judge reported that, as per order in Crl.M.C.No.27/2023 dated 13.02.2023, the petitioner was granted statutory bail and in

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B.A.No. 674 of 2023

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paragraph No.9 of the bail application filed before the Special Court, it has been averred that “ the petitioner has not filed any other petition for bail on any other Court ”.

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Regarding this, the learned counsel for the petitioner would submit that, since default bail was canvased before the Special Court, a mistake was committed and the same may be pardoned.

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It is noticed that, there are instances whereby the accused in criminal cases used to file bail applications before the Magistrate Courts, Sessions Courts/Special Courts and this Court. While keeping all these applications pending, with intention to press for bail in all Courts and on getting bail in one of those applications, the other applications would either be not pressed or be withdrawn. This attitude is noted with extreme displeasure.

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Therefore, there shall be a direction to all the Magistrate Courts and Sessions Courts/Special Courts to address this aspect with extreme seriousness. Thus, it is directed that, whenever bail applications will be considered, the Courts should ensure that, no other bail application/applications has/have been pending before the other Courts, if it is found

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B.A.No. 674 of 2023

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that false averments stated in bail applications, suppressing pendency of other bail applications in the same crime, before the other Courts, the Courts where from bail was granted, shall take appropriate legal action for making false submissions. The same may include cancellation of bail so obtained by suppressing material facts and playing fraud on Courts.

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Holding so, this bail application stands disposed of. Registry is directed to forward a copy of this order to all Magistrate Courts and Special Courts/Sessions Courts, for information, further guidance and implementation without fail.

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Sd/-

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A. BADHARUDEEN JUDGE

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Anu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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