Dismissed

S.Thoufeeq v. State of Kerala

Kerala HC24 Feb 2012Crl.MC/468/2012

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 CrPC, the Allahabad High Court considered a request to modify bail conditions arising from a murder and affray investigation. The petitioner alleged practical difficulties due to the requirement to file a physical application at the police station. The bench found no necessity for such formality, holding that a registered letter suffices, but

What did the court decide?

Petition for modification of bail conditions dismissed; liberty to move trial court for modification as and when circumstances change.

S.Thoufeeq Vs State of Kerala — Bail and Remand | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

¶4

FRIDAY, THE 24TH DAY OF FEBRUARY 2012/5TH PHALGUNA 1933

¶5

Crl.MC.No. 468 of 2012 (C)

¶6

BA.10424/2011 DATED 21-12-2011 CMP.200/2012 of J.M.F.C.-I, ALAPPUZHA CRIME NO.191/2011 OF MANNANCHERY POLICE STATION.

¶7

PETITIONER(S)/ACCUSED NO.7:

¶8

S.THOUFEEQ S/O. ALIYA SALIM, RESIDING AT THASLEEM MANZIL PONNAD P.O., MANNANCHERY, ALAPPUZHA DISTRICT.

¶9

BY ADV. SMT.GISA SUSAN THOMAS

¶10

COMPLAINANT(S)/COMPLAINANTS:

¶11

STATE OF KERALA

¶12

REPRESENTED BY PUBLIC PROSECUTOR

¶13

HIGH COURT OF KERALA, ERNAKULAM-682 031.

¶14

CIRCLE INSPECTOR OF POLICE MARARIKULAM POLICE STATION, MARARIKULAM, ALAPPUZHA

¶15

REPRESENTED BY PUBLIC PROSECUTOR

¶16

HIGH COURT OF KERALA, ERNAKULAM.

¶17

SUB INSPECTOR OF POLICE MANNANCHERRY POLICE STATION, MANNANJERI, ALAPPUZHA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

¶18

BY PUBLIC PROSECUTOR SRI.N.SURESH

¶19

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶20

amk

¶21

P.S.GOPINATHAN, J

¶22

---------------------------Crl.M.C.No.468 OF 2012

¶23

-------------------------Dated this the 24^th day of February, 2012.

¶24

O R D E R

¶25

In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is the 7^th accused in Crime No.191/2011 of Mannanchery Police Station for offences under Sections 143, 147, 148, 149, 323, 324, 114 and 302 IPC, Section 15 of Environment Protection Act of 1986 and Section 21 of Kerala Police Act, seeks an order to modify the conditions imposed in Annexure A4 order passed by the Judicial Magistrate of the First Class - I, Alappuzha in C.M.P.No.200/2012 in modification of Annexure A6 order granting bail.

¶26

Having heard, I find that as per Annexure A4, the petitioner is permitted to leave Alappuzha

¶27

Crl.M.C.No.468 OF 2012 2

¶28

District only to go to Ernakulam for meeting his counsel after giving intimation to the Investigating Officer. The case of the petitioner is that when he went to the police station to intimate the Investigating Officer, he was asked to file an application and accordingly an application, copy of which is produced as Annexure A5 was filed. But no order was granted. Carefully going through Annexure A4, I find that there is no necessity for making any application or even going to the police

¶29

station. The petitioner need only intimate the Investigating Officer by registered letter or other means regarding his intention to go to Ernakulam to meet his counsel. He need not wait for any orders. Therefore, at present, I find no reason to modify Annexure A4 order in exercise of the powers vested on

¶30

Crl.M.C.No.468 OF 2012 3

¶31

this court under Section 482 of the Code of Criminal Procedure.

¶32

In the result, this petition is dismissed with liberty to the petitioner to move the trial court for any modification as and when the investigation is progressed and change of circumstance, if any.

¶33

Sd/P.S.GOPINATHAN, //True Copy//

¶34

JUDGE

¶35

P.A to Judge

S.Thoufeeq v. State of Kerala

Case brief

What is this about?

What did the court decide?

S.Thoufeeq v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

N.Malathi Vs State of Kerala

Ranjith N. Vs the State of Erala

Rajesh @ Raju Vs Excise Inspector

Santhosh Vs State of Kerala

Aneesh Vs State of Kerala

Abdul Gafoor Vs State of Kerala