Siraj v. Hamna
Case brief
What is this about?
Petitioner accused in CC 1336/2017 failed to appear; Magistrate proceeded under CrPC Sections 82/83. Court directs surrender within 7 days and mandates that bail application be decided same day or within 3 days on merits.
What did the court decide?
Direction to surrender before jurisdictional court within 7 days; if bail application filed, to be considered same day or within 3 days on merits.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 5TH DAY OF JULY 2024 / 14TH ASHADHA, 1946
CRL.MC NO. 5742 OF 2024
PETITIONER/ACCUSED:
SIRAJ,
AGED 47 YEARS, S/O. KUNJIMUHAMMED, SHYLA MANZIL, GURUVAYOOR P.O, GURUVAYOOR, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680101
BY ADVS. RADHAKRISHNA PILLAI.G. T.A.SHAIN
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1 HAMNA, AGED 37 YEARS, D/O SAYED ABDUL ALMEED @ AZAD, HOUSE NO: 35/H4 1 A3, WELFARE LANE, PALARIVATTOM SOUTH JANATHA ROAD, ERNAKULAM DISTRICT, PIN-682025
Issues for consideration
2 issues framed by the court
Whether the petitioner should be directed to surrender before the jurisdictional court?
Whether the jurisdictional court should consider a bail application on the same day or within three days of surrender?
Parties & counsel
- petitioner
Siraj
- respondent
Hamna
- respondent
State of Kerala
- respondent
SHO Palarivattom Police Station
Coram
Case details
As recorded by the court registry
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