Buhari Vs. State of Kerala

Buhari vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 23, 2013

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https://sooperkanoon.com/case/1022355

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Citation: sooperkanoon.com/1022355
Court: Kerala High Court
Judge: Honourable Mr.Justice V.K.Mohanan
Decided On: Aug 23, 2013
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Buhari

Respondent

State of Kerala

Excerpt

.....and renewed the bail from the court, subsequently he went abroad and now he apprehends, in case of his surrender before the court below, he will be sent to jail as nbw is pending against him. therefore, the above m.c. is filed with a prayer to re-call the nbw issued against the petitioner and direct the court below to consider the bail application on the date of his surrender before that court.2. heard the learned counsel for the petitioner and the learned public prosecutor.3. having regard to the facts and circumstances involved in the case, it appears that, though he was released on bail, he went abroad violating the bail condition and left crl.m.c.no.3541 of 2013 :-2-: the jurisdiction of the trial court without the consent of that court. consequently the court is constrained to take coercive steps to secure his presence. in the above circumstances, according to me, this court will not be justified in re-calling the warrant issued by the court below. it is for the petitioner to convince the court the reason for his absence and seeks an order to re-call the warrant and for regular bail. in the result, this m.c. is disposed of relegating the petitioner to approach the court of judicial first class magistrate-ii, kottarakara and he can surrender before the said court, if he is so advised, and seek orders to recall the nbw if any pending or for regular bail. accordingly, there will be a direction to the learned magistrate that, in the event of the petitioner surrenders before that court and file an application to recall the warrant or for regular bail, or both, the same shall be considered on merit and pass appropriate orders thereon, on the date of his surrender itself. v.k.mohanan, judge skj true copy p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN FRIDAY, THE 23RD DAYOF AUGUST 2013 1ST BHADRA, 1935 Crl.MC.No. 3541 of 2013 --------------------------- AGAINST THE ORDER/JUDGMENT

IN CC NO. 1606/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II,KOTTARAKKARA ...... CRIME NO. 493/2009 OF KADAKKAL POLICE STATION , KOLLAM DISTRICT ..... PETITIONER(S)/ACCUSED: ------------------------------------------ BUHARI, AGED 2 YEARS, S/O.SALAHUDHEEN, ANZARI MANZILIL, KURIODU MURI, NETTETHARA, CHADAYAMANGALAM, KOTTARAKARA,KOLLAM. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT/COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM-31.

2. THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT-691 506. R1 & R2 BY PUBLIC PROSECUTOR SMT. V.H.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J.

------------------------------------------ Crl.M.C.No.3541 of 2013 ------------------------------------------- Dated this the 23rd day of August, 2013 ORDER The petitioner is the accused in C.C.No.1606 of 2009 on the file of the Judicial First Class Magistrate Court-II, Kottarakara wherein the offence alleged is under Section 292 of IPC and according to the petitioner, though he was released on bail during the crime stage and renewed the bail from the court, subsequently he went abroad and now he apprehends, in case of his surrender before the court below, he will be sent to jail as NBW is pending against him. Therefore, the above M.C. is filed with a prayer to re-call the NBW issued against the petitioner and direct the court below to consider the bail application on the date of his surrender before that court.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. Having regard to the facts and circumstances involved in the case, it appears that, though he was released on bail, he went abroad violating the bail condition and left Crl.M.C.No.3541 of 2013 :-2-: the jurisdiction of the trial court without the consent of that court. Consequently the court is constrained to take coercive steps to secure his presence. In the above circumstances, according to me, this Court will not be justified in re-calling the warrant issued by the court below. It is for the petitioner to convince the court the reason for his absence and seeks an order to re-call the warrant and for regular bail. In the result, this M.C. is disposed of relegating the petitioner to approach the court of Judicial First Class Magistrate-II, Kottarakara and he can surrender before the said court, if he is so advised, and seek orders to recall the NBW if any pending or for regular bail. Accordingly, there will be a direction to the learned Magistrate that, in the event of the petitioner surrenders before that court and file an application to recall the warrant or for regular bail, or both, the same shall be considered on merit and pass appropriate orders thereon, on the date of his surrender itself. V.K.MOHANAN, JUDGE skj True copy P.A. to Judge

Same Court & Year Kerala · 2013 Same Parties Buhari vs State of Kerala Same Subject Criminal Same Judge Honourable Mr.Justice V.K.Mohanan