Mibeesh, vs the State of Kerala,

Mibeesh, vs The State of Kerala,

Type Court Judgment Court Kerala Decided Jan 07, 2022

~2 min read

https://sooperkanoon.com/case/1441004

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1441004
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Jan 07, 2022
Case Number: Crl.MC/142/2022

Parties & Advocates

Appellant / Petitioner

Mibeesh,

Respondent

The State of Kerala,

Excerpt

.....dileep t.s.krishnendu archana suresh jinson jacob respondents: 1 the state of kerala, represented by public prosecutor, high court of kerala, ernakulam-682 031. 2 the station house officer, varantharappilly police station, thrissur smt m k pushpalatha -pp this criminal misc. case having come up for admission on 07.01.2022, the court on the same day passed the following: crl.m.c. no.142 of 2022 2orderthe petitioner is the accused in c.c.no.3393/2013 pending on the file of the judicial first class magistrate court, irinjalakkuda. the offences alleged against the petitioner are under sections 498a and 406 ipc.2. the non-bailable warrant is pending against thepetitioner. the learned counsel for the petitioner submits that the petitioner was in gulf and he has come over to india this morning. the counsel further submits that the petitioner is prepared to surrender before the learned magistrate, but he apprehends that on surrender he would be remanded and his bail application would not be considered on the same day. the limited prayer of the petitioner is to give a direction to the learned magistrate to consider his bail application on the very crl.m.c. no.142 of 2022 3 same day. in the result, this crl.m.c is disposed of with a direction to the learned magistrate to consider the bail application, if any, filed on surrender of the petitioner, on the very same day itself, in accordance with law. sd/- dr.kauser edappagath judge ab crl.m.c. no.142 of 2022 4 appendix of crl.mc 142/2022 petitioner annexures annexure 1 true copy of the fir no.297/2013 of varantharappilly police station. annexure 2 series true copy of the relevant entry of ld.court below proceedings downloaded from e-court services dated 30.08.2017, 14.12.2017, 16.02.2018, 25.03.2019, 17.- 09.2019, 30.06.2020, 09.11.2021 and 29.11.2021. respondents annexures: nil

Full Judgment

Crl.M.C. No.142 of 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943 CRL.MC NO. 142 OF 2022 AGAINST THE JUDGMENT IN CC 3393/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA PETITIONER: MIBEESH, AGED 31 YEARS LABROUR, S/O.APREM, KALIYADAN HOUSE, PULIPARAMBU DESOM, POYYA VILLAGE, KODUNGALLUR, THRISSUR BY ADVS. BIJU ANTONY ALOOR K.P.PRASANTH VISHNU DILEEP T.S.KRISHNENDU ARCHANA SURESH JINSON JACOB RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 THE STATION HOUSE OFFICER, VARANTHARAPPILLY POLICE STATION, THRISSUR SMT M K PUSHPALATHA -PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.142 of 2022 2

ORDER

The petitioner is the accused in C.C.No.3393/2013 pending on the file of the Judicial First Class Magistrate Court, Irinjalakkuda. The offences alleged against the petitioner are under Sections 498A and 406 IPC.

2. The non-bailable warrant is pending against the

petitioner. The learned counsel for the petitioner submits that the petitioner was in Gulf and he has come over to India this morning. The counsel further submits that the petitioner is prepared to surrender before the learned Magistrate, but he apprehends that on surrender he would be remanded and his bail application would not be considered on the same day. The limited prayer of the petitioner is to give a direction to the learned Magistrate to consider his bail application on the very Crl.M.C. No.142 of 2022 3 same day. In the result, this Crl.M.C is disposed of with a direction to the learned Magistrate to consider the bail application, if any, filed on surrender of the petitioner, on the very same day itself, in accordance with law. Sd/- DR.KAUSER EDAPPAGATH JUDGE ab Crl.M.C. No.142 of 2022 4 APPENDIX OF CRL.MC 142/2022 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FIR NO.297/2013 OF VARANTHARAPPILLY POLICE STATION. Annexure 2 SERIES TRUE COPY OF THE RELEVANT ENTRY OF LD.

COURT BELOW PROCEEDINGS DOWNLOADED FROM E-COURT SERVICES DATED 30.08.2017, 14.12.2017, 16.02.2018, 25.03.2019, 17.- 09.2019, 30.06.2020, 09.11.2021 AND 29.11.2021. RESPONDENTS ANNEXURES: NIL

Same Court & Year Kerala · 2022 Same Parties Mibeesh, vs The State of Kerala, Same Judge Honourable Dr. Justice Kauser Edappagath