Disposed

Muhammad Kunhi v. State of Kerala

Kerala HC11 Jun 2024Crl.MC/4981/2024

Case brief

AI extract

What is this about?

The court directed the Assistant Sessions Court to consider the petitioner's applications for recall of warrant and bail within 15 days. The non-bailable warrant was kept in abeyance for 15 days to enable the petitioner to appear.

What did the court decide?

Non-bailable warrant kept in abeyance for 15 days; direction to trial court to consider recall and bail applications filed within 15 days.

Muhammad Kunhi Vs State of Kerala — Bail and Remand | Kerala HC (2024)

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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

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TUESDAY, THE 11^TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946

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CRL.MC NO. 4981 OF 2024

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CRIME NO.338/1999 OF Payyoli Police Station, Kozhikode LP NO.1 OF 2002 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL

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COURT, KOYILANDY

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PETITIONER/ ACCUSED :

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MUHAMMAD KUNHI AGED 47 YEARS S/O IBRAHIM N M, MARUTHADAKKAM HOUSE, BEDADUKKA, KUNDAMKUZHY P.O., KARSARGOD DISTRICT, PIN – 671 541

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BY ADVS. D.FEROZE T.S.KRISHNENDU JANET VARGHESE ADARSH A.

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RESPONDENT/ COMPLAINANT/ STATE :

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA (CRIME NO.338 OF 1999 OF PAYYOLI POLICE STATION, KOZHIKODE), PIN - 682031

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BY SRI.ASHI M.C., PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 4981 OF 2024

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BECHU KURIAN THOMAS, J.

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Crl.M.C.No.4981 of 2024

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Dated this the 11^th day of June, 2024

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ORDER

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Petitioner is the accused in L.P.No.1 of 2002 on the files of the Assistant Sessions Court, Koyilandy. The offence alleged against the petitioner is under Section 279 of the Indian Penal Code, 1860 and Sections 7, 11 and 55(a) of the Abkari Amendment Act, 1997.

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Due to non-appearance of the petitioner, a non-bailable warrant has been issued against him. Even though petitioner is willing to appear and participate in the trial, he apprehends that he will be remanded to custody.

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Having heard learned Counsel for the petitioner and the learned Public Prosecutor, I am of the view that this Crl.M.C. can be disposed of with a direction.

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Since the petitioner has expressed his willingness to participate in the trial, there will be a direction to the Assistant Sessions Court, Koyilandy, to consider the applications for recall of warrant and for grant of bail, if any filed by the petitioner in L.P.No.1 of 2002, on the same day itself, provided such applications are filed within 15 days from today. To enable the petitioner to appear before the Magistrate as directed, the non-bailable warrant issued against the petitioner shall be kept in

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CRL.MC NO. 4981 OF 2024

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abeyance for a period of 15 days from today. The Crl.M.C. is disposed of as above.

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Sd/- BECHU KURIAN THOMAS, JUDGE

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RKM

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CRL.MC NO. 4981 OF 2024

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APPENDIX OF CRL.MC 4981/2024

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PETITIONER'S ANNEXURES :

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Annexure 1 TRUE COPY OF THE PROCEEDINGS IN L P NO.1/2002 BEFORE THE ASSISTANT SESSIONS COURT, KOYILANDY

Muhammad Kunhi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammad Kunhi v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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