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Melbin vs State of Kerala

Melbin vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 30, 2020
~3 min read
https://sooperkanoon.com/case/1799255

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./5551/2020

Parties & Advocates

Appellant / Petitioner

Melbin

Respondent

State of Kerala

Excerpt

.....bail, i feel that it may not be proper to grant an interim bail also. however, if an appropriate request is submitted before the superintendent of jail, the question for one day visit to the parents with police escort can be considered in accordance with jail manual and rules. if there is any unexpected delay in the disposal of the sessions case, the right of the petitioner herein to move either of the courts seeking bail is reserved. bail application is disposed of as above. communicate this order forthwith to the court below. sd/- sunil thomas, judge r.avappendix petitioner's/s exhibits: annexure-1 true copy of the charge in cc.no.55/2016 of the court of the enquiry commissioner & special judge, (vigilance), muvattupuzha. annexure-2 true copy of deposition of the petitioner in cc.no.55/2016 of the court of the enquiry commissioner & special judge, (vigilance), muvattupuzha. annexure-3 true copy of the 161 statement of petitioner in cc.no.55/2016. annexure-4 true copy of order dagtyed 3.1.2019 passed by the court of the additional sessions judge-i, trivandrum in crl.m.p.no.2669/2019 annexure-5 true copy of order dated 3.2.2019 passed by this hon'ble court in b.a.no.644/2019respondent's/s nil exhibits

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 PETITIONER/ACCUSED: MELBIN, AGED 43 YEARS MOOLEPARAMBIL VEEDU, PERIJAM KUTTY DESAM, KONNATHADY VILLAGE, UDUMBUMCHOLA, IDUKKI , PIN-685554 BY ADV. SRI.SUNNY MATHEW RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031 2 THE EXCISE CIRCLE INSPECTOR AGED 50 YEARS EXCISE CIRCLE OFFICE, THIRUVANANTHAPURAM -695541 PP SRI.SUMODU P.N THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Pursuant to the direction of this court dated 12.10.2020, the learned Additional District and Sessions Judge-IV, Thiruvananthapuram by his communication dated 27.10.2020 has informed that the matter can be taken up and disposed of within four months, notwithstanding the pendency of other older cases. I feel that this is a reasonable request. Accordingly, the bail application is disposed of with a direction to the court below to take up and dispose of SC.No.637/2019 of Additional District and Sessions Court-IV, Thiruvananthapuram, as expeditiously as possible, at any rate, within a period of four months from today.

2. The learned counsel for the petitioner submitted

that petitioner's father is seriously laid up and he would like to visit his father. The learned counsel pleaded for an interim bail. Since, I am not inclined to grant bail, I feel that it may not be proper to grant an interim bail also. However, if an appropriate request is submitted before the Superintendent of Jail, the question for one day visit to the parents with police escort can be considered in accordance with Jail Manual and Rules. If there is any unexpected delay in the disposal of the Sessions case, the right of the petitioner herein to move either of the courts seeking bail is reserved. Bail application is disposed of as above. Communicate this order forthwith to the court below. Sd/- SUNIL THOMAS, JUDGE R.AV

APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-1 TRUE COPY OF THE CHARGE IN CC.NO.55/2016 OF THE COURT OF THE ENQUIRY COMMISSIONER & SPECIAL JUDGE, (VIGILANCE), MUVATTUPUZHA. ANNEXURE-2 TRUE COPY OF DEPOSITION OF THE PETITIONER IN CC.NO.55/2016 OF THE COURT OF THE ENQUIRY COMMISSIONER & SPECIAL JUDGE, (VIGILANCE), MUVATTUPUZHA. ANNEXURE-3 TRUE COPY OF THE 161 STATEMENT OF PETITIONER IN CC.NO.55/2016. ANNEXURE-4 TRUE COPY OF ORDER DAGTYED 3.1.2019 PASSED BY THE COURT OF THE ADDITIONAL SESSIONS JUDGE-I, TRIVANDRUM IN CRL.M.P.NO.2669/2019 ANNEXURE-5 TRUE COPY OF ORDER DATED 3.2.2019 PASSED BY THIS HON'BLE COURT IN B.A.NO.644/2019

RESPONDENT'S/S NIL EXHIBITS

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