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K.A.MOHAMMED NOUSHAD I.F.S. versus MUNISIFF, DEVIKULAM REPRESENTED BY

High Court of Kerala

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K.A.MOHAMMED NOUSHAD I.F.S. v. MUNISIFF, DEVIKULAM REPRESENTED BY - Crl MC No. 2084 of 2007 [2007] RD-KL 11454 (28 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2084 of 2007()

1. K.A.MOHAMMED NOUSHAD I.F.S.,
... Petitioner

2. P.B.OMANAKUTTAN, AGED 49,

Vs

1. MUNISIFF, DEVIKULAM REPRESENTED BY
... Respondent

For Petitioner :SRI.M.C.JOHN

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :28/06/2007

O R D E R

R. BASANT, J.


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Crl.M.C.No. 2084 of 2007
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Dated this the 28th day of June, 2007

O R D E R

The petitioners are officials of the Forest Department. Against them, the learned Magistrate has initiated proceedings in C.C. 548 of 2004 under Section 193 I.P.C. The learned Magistrate has issued non-bailable warrants to procure their presence. The learned Magistrate has directed that such warrants be executed through the Dy.S.P. The short prayer of the petitioners is that the said direction may be quashed and the petitioners may be permitted to appear before the learned Magistrate and seek bail in the ordinary course.

2. Having considered all the relevant circumstances in the case I am satisfied that the prayer of the petitioners can be allowed.

3. This Crl.M.C. is allowed. The following directions are issued. (1) The non-bailable warrants issued by the learned Magistrate to procure the presence of the petitioners shall not be executed till 3.7.2007 (2) The petitioners shall appear before the learned Magistrate on 3.7.2007. Their applications for bail shall be considered by the Crl.M.C.No. 2084 of 2007 2 learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself.

4. Hand over the order. (R. BASANT) Judge tm


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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