Disposed

Fahad v. the State of Kerala

Kerala HC26 Nov 2013Crl.MC/5149/2013

Case brief

AI extract

What is this about?

The High Court of Kerala, in a criminal miscellaneous case, granted liberty to the accused-petitioner to apply for the release of his passport surrendered during investigation. The court directed the Sessions Court to consider the application and pass appropriate orders within one month.

What did the court decide?

Liberty granted to apply for release of passport; Sessions Court to decide within one month.

Fahad Vs the State of Kerala — Bail and Remand | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

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TUESDAY, THE 26TH DAY OF NOVEMBER 2013/5TH AGRAHAYANA, 1935

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Crl.MC.No. 5149 of 2013 E

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AGAINST THE ORDER IN Bail Appl. 5098/2013 DATED 24.7.2013

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AGAINST THE ORDER IN CP 14/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COUR-I, KANNUR.

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CRIME NO. 930/2009 OF THE KANNUR TOWN POLICE STATION,KANNUR

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PETITIONER/ACCUSED NO.3:

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FAHAD AGED 21 YEARS, S/O.MUSTHAFA, P.P. HOUSE, KANNUR POST, KANNUR DISTRICT.

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BY ADV. SRI.SUNIL NAIR PALAKKAT

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RESPONDENT/STATE AND COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. STATION HOUSE OFFICER,

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KANNUR TOWN POLICE, KANNUR 670 001.

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R1 & R2 BY PUBLIC PROSECUTOR.SRI.RAJESH VIJAYAN.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-11-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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KKS

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Crl.MC.No. 5149 of 2013 ---------------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS: -------------------------------------

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ANNEXURE-A1: THE TRUE COPY OF THE ORDER DATED 24.7.2013 IN B.A.5098/2013 ON THE FILE OF THIS HON'BLE COURT.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.A.TO JUDGE

KKS

HARUN-UL-RASHID, J.

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Crl.M.C. No. 5149 of 2013

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Dated this the 26^th day of November 2013. O R D E R

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Petitioner is the 3^rd accused in Crime No. 930/09 of the Kannur Town Police Station, Kannur. The case is numbered as C.P.14/13 on the file of the Judicial First Class Magistrate Court-I, Kannur. The matter was committed to Sessions Court, Thalassery.

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Learned counsel for the petitioner submits that summons is not issued by the Sessions Court and that the petitioner is not in a position to apply for getting back his passport and to get a permission to go abroad for job. The limited relief sought for is a direction to the Sessions Court, Thalassery to permit him to file an application for releasing his passport surrendered in connection with Crime No.930/2009 of the Kannur Town Police Station.

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Having regard to the facts and circumstance, the petitioner is granted liberty to apply for release of his passport before the Sessions Court. In case, the petitioner apply for release of his passport, the court below shall consider his application and pass appropriate orders within a period of one month from the date of filing the application.

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Sd/-

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HARUN-UL-RASHID, Judge.

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AL/-

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True copy

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P.A to Judge

Fahad v. the State of Kerala

Case brief

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Fahad v. the State of Kerala

Case brief

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