High Court directed accused petitioner to surrender within three weeks and ensure his bail application is disposed of on the same day after hearing both sides, keeping pending non-bailable warrant in abeyance.
Directed surrender within 3 weeks; bail application to be disposed on same day; pending NBW 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944
CRL.MC NO. 6 OF 2023
CRIME NO.140/2022 OF Bekal Police Station, Kasargod
PETITIONER/ACCUSED:
ABDUL MUNEER A P AGED 52 YEARS A. P. HOUSE KOTTIKULAM, PALLIKARA BEKAL P. O., KASARAGOD DISTRICT, KASARGOD, PIN - 671318
BY ADVS.UMMUL FIDA C.IJLAL R.UDAYA KUMAR NIMMY JOHNSON RESHMA.P.
RESPONDENTS/STATE:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM , PIN - 682031
2 THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, KASARGOD DISTRICT PIN 671318
SRI. P.G. MANU, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6/2023
-:2:-
O R D E R
Dated this the 4th day of January, 2023
The petitioner is the 1st accused in Crime No.140/2022 of Bekal Police Station. The offences alleged are punishable under Sections 498A, 342, 380, 395, 506(ii), 120B read with 34 of IPC.
Crl.M.C.No.6/2023
-:3:-
(i) The petitioner shall surrender before the jurisdictional
court/Magistrate within a period of three weeks from today.
(ii) The bail application, if any, moved by the petitioner
shall be disposed of on the same day itself, in accordance with law, after hearing both sides.
(iii) The NBW, if any, pending against the petitioner shall
be kept in abeyance till the bail application is disposed of.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
Crl.M.C.No.6/2023
-:4:-
APPENDIX OF CRL.MC 6/2023
PETITIONER ANNEXURES
| Annexure A1 | A TRUE COPY NO.140/2022 KASARGOD DIS |
OF OF TRI |
THE BEK CT |
F.I.R. IN CRIME AL POLICE STATION, DATED 02/02/2022 |
|---|---|---|---|---|
| Annexure A2 | A TRUE COPY 20/10/022 B. |
OF A. |
THE NO. |
JUDGMENT DATED 1054 OF 2022 |
| Annexure A3 | A TRUE COPY THE NAME OF |
OF THE |
THE PE |
AIR TICKET ISSUED IN TITIONER |
| Annexure4 | THE WEDDING IN LAW PETIT |
INV ION |
ITA ER |
TION OF THE BROTHER |
3 issues framed by the court
Whether to direct the petitioner to surrender and ensure swift disposal of his bail application.
Whether to keep the non-bailable warrant pending against the petitioner in abeyance during the bail hearing.
Whether to direct the jurisdictional court to consider the bail application on the same day after surrender.
ABDUL MUNEER A P
STATE OF KERALA
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
