Petitioner sought to modify a Sessions Court bail condition regarding passport surrender. The High Court dismissed the petition, directing the petitioner to approach the Sessions Court instead.
The petition to modify the Passport condition was dismissed; the petitioner was directed to approach the Sessions Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932
Crl.MC.No. 385 of 2010()
-----------------------CMC.49/2010 of SESSIONS COURT, MANJERI
PETITIONER(S): 1ST ACCUSED
JAFFFAR @ BABU, S/O.ALI, EDASSERRY HOUOSE, THRIPRANGODE AMSOM, POST THRIPRANGODE, TIRUR TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENT(S): STATE
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.C.S.HRITHWICK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
= = = = = = = = = = = = = Crl.M.C..No.385 of 2010
= = = = = = = = = = = = = = Dated this the 19th day of May, 2010
ORDER
Petitioner, who is the 1st accused in Crime No.27 of 2010 of Tirur Police Station for offences punishable under Sections 353,392 and 225B read with 34 IPC seeks to modify the 5th condition in Annexure 2 bail order dated 18.1.2010 in Crl.M.C.No.49 of 2010 passed by the Sessions Court, Manjeri directing the petitioner to surrender his passport before the J.F.C.M, Tirur. According to the petitioner the continued retention of his passport will entail the petitioner losing his job abroad. The petitioner ought to have approached the Sessions Court first for the modification or lifting of the said bail condition.
Hence without making any observation on the merits of the case, this petition is dismissed leaving the petitioner to approach the Sessions Court for appropriate reliefs.
Dated this the 19th day of May, 2010.
V. RAMKUMAR, JUDGE
sj
1 issue framed by the court
Whether the High Court has jurisdiction to modify the bail condition in a sessions court order when the petitioner could have approached the Sessions Court first.
1 provisions across 1 enactments
Jaffar @ Babu
State of Kerala
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
