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2020 KER 4301
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Citation Codes
Neutral Citations
2020 KER 4301
Equivalent Citations
citation codes
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Disposition
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Smart Summary

Factual and Procedural Background

This opinion arises from a criminal appeal (CRL.A.No.659 of 2019) against an order in Crl.M.P.No.34/2019 before the Special Court for Trial of NIA Cases, Ernakulam. The appellant, accused no.5, K.A. Najeeb, had earlier been granted bail by an order dated 23.07.2019 in Crl.M.A.No.1/2019 connected to this appeal. The main prayer in the appeal was also for bail. The appeal was heard and decided on 23 January 2020.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court noted that bail had already been granted to the appellant by the order dated 23.07.2019 in Crl.M.A.No.1/2019. Since the principal relief sought in the present appeal was also bail, the court found no necessity to pass any further orders. Consequently, the earlier bail order was made absolute, and the appeal was disposed of on this basis.

Holding and Implications

The appeal is disposed of.

The direct effect of this decision is that the appellant's bail, granted earlier, stands confirmed and no additional relief or modification was ordered. The opinion does not establish any new precedent or broader legal implications beyond the confirmation of bail and disposal of the appeal.

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    K.A.NAJEEB, v. UNION OF INDIA

    IN THE HIGH COURT OF KERALA AT ERNAKULAM

    PRESENT

    THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

    &

    THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

    THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941 CRL.A.No.659 OF 2019

    AGAINST THE ORDER IN CRL.M.P.No.34/2019 IN S.C.No.01/2015/

    NIA OF SPECIAL COURT FOR TRIAL OF NIA CASES,ERNAKULAM

    JUDGMENT IN CRL.A 377/2016 OF HIGH COURT OF KERALA

    DT.01.06.2016

    APPELLANT/ACCUSED NO.5:

    K.A.NAJEEB,

    AGED 36 YEARS

    S/O. ABDUL KADER, HOUSE NO.VII/656, KARIMBERAPADY HOUSE,

    ULIYANOOR KARA, KADUGALOOR VILLAGE,

    ALUVA, ERNAKULAM DISTRICT.

    BY ADVS.

    SRI.P.C.NOUSHAD

    SRI.E.A.HARIS

    RESPONDENT/COMPLAINANT:

    UNION OF INDIA,

    REPRESENTED BY NATIONAL INVESTIGATION AGENCY,

    KOCHI, REPRESENTED THROUGH SPECIAL PUBLIC

    PROSECUTOR FOR NIA, HIGH COURT OF KERALA,

    KOCHI-682018.

    BY SRI.M.AJAY, SPL. P.P FOR NIA

    THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON

    23.01.2020, THE COURT ON THE SAME DAY DELIVERED THE

    FOLLOWING:

    1

    JUDGMENT

    Dated this the 23rd day of January 2020 A.M.Shaffique, J.

    In view of the order passed in Crl.M.A.No.1/2019 in Crl.Appeal No.659/2019 dated 23.07.2019 granting bail to the 5th accused/appellant and since the main prayer in the appeal is also for bail, no further orders are required in this appeal. The order dated 23.07.2019 passed in Crl.M.A.No.1/2019 is made absolute. The appeal stands disposed of accordingly.

    Sd/-

    A.M.SHAFFIQUE

    JUDGE

    Sd/-

    N. ANIL KUMAR

    JUDGE

    dsn

    2

    APPENDIX

    PETITIONERS' ANNEXURES: NIL RESPONDENT'S ANNEXURES:

    ANNEXURE - I: TRUE COPY OF JUDGMENT IN CRL.A.No.377/16

    DT.1.6.16.

    ANNEXURE - II: TRUE COPY OF JUDGMENT IN CRL.A.No.759/18

    DT.1.8.18.

    ANNEXURE - III: TRUE COPY OF JUDGMENT IN CRL.A.No.162/19

    DT.13.3.19.

    3

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    Comments

    K.A.NAJEEB, v. UNION OF INDIA
    (Jan 23, 2020)