Skip to content
Try for free
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.
See full guide →

Moosa vs the State of Kerala

MOOSA vs The State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 22, 2021
~2 min read
https://sooperkanoon.com/case/1593404

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
AI Brief & Ask Semantic Search Verdict Lens Devil's Bench DocMind
Start free trial See sample brief

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Crl.MC/195/2021

Parties & Advocates

Appellant / Petitioner

MOOSA

Respondent

The State of Kerala

Excerpt

.....complainant: 1 the state of kerala, represented by the public prosecutor, high court of kerala, ernakulam, kochi - 682 031. 2 the deputy superintendent of police, crime branch, malappuram, pin - 676 505. by addl.director general of prosecution by public prosecutor sri. e.c.bineesh this criminal misc. case having been finally heard on 22.02.2021, the court on the same day passed the following: crl.m.c. no.195 of 2021 2orderthe petitioner, an accused in a crime registered on the allegation of offence under section 302 ipc, came up to quash the order of sessions court rejecting the bail granted by the magistrate. it is submitted that against grant or refusal to grant bail, being an interlocutory order, no revision will lie in view of section 397(2) cr.p.c. and that the remedy available is under section 482 cr.p.c. it cannot be accepted in view of section 439 cr.p.c. dealing with special power of high court/sessions courtregarding bail. without prejudice to the said right, the crl.m.c. is hereby dismissed. sd/- p.somarajan judge dmr/- crl.m.c. no.195 of 2021 3 appendix petitioner's annexures: annexure a true copy of the fir and fis in crime no.205/2005 of edakkara police station, dated 18.07.2005. annexure b true copy of the interim order of this hon'ble court dated 19.08.2020 in w.p.(c) no.12712/2020. annexure c true copy of the order dated 30.10.2020 in b.a.no.6761/2020 of this hon'ble court. annexure d certified copy of the order dated 12.11.2020 in c.m.p.no.2519/2020 of j.f.c.m., nilambur. annexure e certified copy of the common order in crl. r.p.no.19/2020 and 20/2020 of the court of session, manjeri division dated 07.01.2021. respondents' annexure: nil // true copy // p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942 Crl.MC.No.195 OF 2021(D) AGAINST THE ORDER IN CRRP 19/2020 DATED 07-01-2021 OF SESSIONS COURT, MANJERI AGAINST THE ORDER IN CRMP 2519/2020 DATED 12-11-2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NILAMBUR CRIME NO.8/2007 OF CBCID, MALAPPURAM PETITIONER/ACCUSED: MOOSA, AGED 45 YEARS, S/o KOYA, MUSLIYARAKATH HOUSE, IRATTAYAMKULAM, PATHIRIPPADAM P. O., EDAKKARA AMSOM, MALAPPURAM DISTRICT. BY ADV. SRI.K.RAKESH RESPONDENTS/STATE & COMPLAINANT: 1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. 2 THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, MALAPPURAM, PIN - 676 505. BY ADDL.DIRECTOR GENERAL OF PROSECUTION BY PUBLIC PROSECUTOR SRI. E.C.BINEESH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.195 of 2021 2

ORDER

The petitioner, an accused in a crime registered on the allegation of offence under Section 302 IPC, came up to quash the order of Sessions Court rejecting the bail granted by the Magistrate. It is submitted that against grant or refusal to grant bail, being an interlocutory order, no revision will lie in view of Section 397(2) Cr.P.C. and that the remedy available is under Section 482 Cr.P.C. It cannot be accepted in view of Section 439 Cr.P.C. dealing with special power of High Court/Sessions Court

regarding bail. Without prejudice to the said right, the Crl.M.C. is hereby dismissed. Sd/- P.SOMARAJAN JUDGE DMR/- Crl.M.C. No.195 of 2021 3 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A TRUE COPY OF THE FIR AND FIS IN CRIME NO.205/2005 OF EDAKKARA POLICE STATION, DATED 18.07.2005. ANNEXURE B TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 19.08.2020 IN W.P.(C) NO.12712/2020. ANNEXURE C TRUE COPY OF THE ORDER DATED 30.10.2020 IN B.A.NO.6761/2020 OF THIS HON'BLE COURT. ANNEXURE D CERTIFIED COPY OF THE ORDER DATED 12.11.2020 IN C.M.P.NO.2519/2020 OF J.F.C.M., NILAMBUR. ANNEXURE E CERTIFIED COPY OF THE COMMON ORDER IN CRL. R.P.NO.19/2020 AND 20/2020 OF THE COURT OF SESSION, MANJERI DIVISION DATED 07.01.2021. RESPONDENTS' ANNEXURE: NIL // TRUE COPY // P.A. TO JUDGE

Continue Your Research

Same Court & Year Kerala Orders · 2021 Same Parties MOOSA vs The State of Kerala Same Judge Honourable Mr. Justice P.Somarajan
Interlocutory order Public prosecutor Without prejudice Director General Certified copy Police Station special power Interim order

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial
1M+ judgments indexed

Brief any judgment in 18 sections.

Search Supreme Court, High Courts, and tribunals - then open an AI Brief on any result. Core search is free; full AI desk free for 7 days.

Start 7-day free trial - no card Talk to Sales