A criminal miscellaneous case where the High Court of Kerala kept a non-bailable warrant in abeyance for two weeks to enable the petitioner to appear before the lower court and apply for regular bail.
Non-bailable warrant kept in abeyance for two weeks until the petitioner appears before the court below.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 23RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 CRL.MC NO. 3946 OF 2023
CRIME NO.959 OF 2019 OF THIRUVALLA POLICE STATION
PETITIONER/ACCUSED:
MANIKUTTAN, AGED 54 YEARS, S/O KARTHA, THALAKKERIL OTHARA, THIRUVALLA, PIN - 689546 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH ANILKUMAR C.R. SARATH K.P.
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 (CRIME NO.959 OF 2019 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
BY ADV SRI.G SUDHEER,PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3946 of 2023
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K.BABU, J .
Crl.M.C No.3946 of 2023
Dated this the 23rd day of May, 2023
O R D E R
The prayer in this Crl.M.C is as follow:
“....to quash the coercive steps pending against the petitioner in S.C No.362/2019 and to release the petitioner on bail on his appearance in the court below on the same day.”
under Section 354-A(3) of the Indian Penal Code and Sections 11(i)
and 12 of the POCSO Act.
before the Court below and co-operate with the trial in the matter.
Crl.M.C.No.3946 of 2023
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Non-bailable warrant is pending against the petitioner.
petitioner is intending to surrender before the Court below and make an application for regular bail. If the petitioner appears before the Court below and files an application seeking regular bail, the same shall be considered and decided positively on the date of filing itself, in the light of the principles declared by the Apex Court
in Satender Kumar Antil v CBI [(2022) 10 SCC 51] .
appear before the Court below within a period of two weeks.
This Crl.M.C is disposed of as above.
Sd/K.BABU, JUDGE
KAS
Crl.M.C.No.3946 of 2023
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APPENDIX OF CRL.MC 3946/2023
PETITIONER ANNEXURES
Annexure I A COPY OF THE FINAL REPORT IN CRIME NO 959/2019 OF THIRUVALLA POLICE STATION IS PRODUCED HEREWITH AND MAY BE MARKED AS ANNEXURE I.
1 issue framed by the court
Whether to quash coercive steps pending against the accused and grant bail.
Colour shows how this judgement treated each authority
Satender Kumar Antil v CBIReferred¶31
Satender Kumar Antil v CBI [(2022) 10 SCC 51] · Who else cites this
MANIKUTTAN
STATE OF KERALA
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K. BABU
Parties & counsel
