Allowed

Gopalan v. State of Kerala

Kerala HC10 Jul 2023Crl.MC/5474/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition concerning a non-bailable warrant issued against an 84-year-old petitioner who could not appear due to old age. The Court directed the lower magistrate to recall the warrant and consider bail upon the petitioner's next appearance.

What did the court decide?

The criminal miscellaneous case was allowed; the Magistrate was directed to recall the non-bailable warrant and consider the bail application on the next posting date.

Gopalan 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 BECHU KURIAN THOMAS
MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945
CRL.MC NO. 5474 OF 2023

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CRIME NO.1392/2017 OF Mannar Police Station, Alappuzha AGAINST THE ORDER/JUDGMENTCC 4643/2017 OF JUDICIAL

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MAGISTRATE OF FIRST CLASS -I, CHENGANNUR

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PETITIONER/ACCUSED:

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GOPALAN
AGED 84 YEARS
S/O.VELAYUDHAN, KOCHUPANANGATTETHU VEEDU,
KARAZHMA PADINJARU MURI, CHENNITHALA,
CHENNITHALA VILLAGE, MAVELIKKARA TALUK,
ALAPPUZHA DISTRICT., PIN - 690105
BY ADVS.
AJITH MURALI
SWAPNA VIJAYAN
MOHANAN M.K.

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031

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2 THE STATION HOUSE OFFICER MANNAR POLICE STATION, MANNAR P.O, ALAPPUZHA DISTRICT., PIN - 689622

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3 ASHA DEVI AGED 48 YEARS WO. RAJAN, PANANGATTETHU VEETIL, CHERUKOLE P.O., CHENNITHALA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT., PIN - 690104

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 10.07.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:

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CRL.MC NO. 5474 OF 2023

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BECHU KURIAN THOMAS, J.

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Crl.M.C. No.5474 of 2023

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Dated this the 10^th day of July, 2023

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ORDER

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Petitioner apprehends arrest pursuant to a non-bailable warrant issued in C.C.No.4643/2017 before the Judicial First Class Magistrate’s Court-I, Chengannur.

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The learned counsel for the petitioner submitted that even though summons in the aforesaid case was served upon the petitioner, due to old age, he could not appear on the date fixed, and therefore a non-bailable warrant was issued against him. It was further submitted that petitioner is willing to appear before the Court and participate in the trial and unless the warrant is recalled and bail granted to the petitioner, he would have great prejudice.

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I have heard the learned Public Prosecutor also.

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Having regard to the age of the petitioner which is mentioned as 84, I am of the view that the petitioner ought to be permitted to appear before the Court and seek recall of warrant. Remanding such an aged person for an omission to appear on one of the dates fixed for appearance will be highly prejudiced.

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CRL.MC NO. 5474 OF 2023

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Therefore, if any application for recall of warrant is filed by the petitioner after appearing before the Judicial First Class Magistrate’s Court-I, Chengannur in C.C.No.4643/2017, along with an application for bail, by the next posting date, the learned Magistrate shall consider the same and pass appropriate orders recalling the warrant issued to the petitioner and pass orders on its bail application on the same day itself.

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This Crl.M.C.is allowed as above.

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Sd/BECHU KURIAN THOMAS JUDGE

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AJM/10/7/23

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CRL.MC NO. 5474 OF 2023

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APPENDIX OF CRL.MC 5474/2023

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PETITIONER ANNEXURES
Annexure-A1A TRUE COPY OF THE WARRANT OF THE
ARREST IN C.C.NO 4643/2017 IN CRIME
NO.1392/2017 ISSUED BY THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I,
CHENGANNUR DATED 5.6.2023.

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Annexure-A2A TRUE COPY OF THE
STATEMENT/UNDERTAKING OF THE 3RD
RESPONDENT DATED 7.7.2023.

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//TRUE COPY//

Gopalan v. State of Kerala

Case brief

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Gopalan v. State of Kerala

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