The High Court allowed a bail appeal by the third accused challenging a passport surrender condition. It substituted surrender for a security deposit of Rs.10,000.
Bail condition of passport surrender modified to require security deposit of Rs.10,000.
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 P.UBAID
THURSDAY, THE 18TH DAY OF SEPTEMBER 2014/27TH BHADRA, 1936
Crl.MC.No. 4832 of 2014 ()
CMP No.5400/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTTARAKKARA
Crl.M.C.No. 3939/2014 of HIGH COURT OF KERALA
CRIME NO. 1243/2012 OF PUTHOOR POLICE STATION , KOLLAM
=============
PETITIONER/3RD ACCUSED:
BINU @ KANNAN, AGED 34 YEARS S/O.SURENDRAN, BIJU BHAVAN, KOOTTANGOTT POOVATTUR, KOLLAM DISTRICT.
BY ADVS.SRI.MANOJ RAMASWAMY
SMT.SANJANA R.NAIR
RESPONDENTS/COMPLAINANTS:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB INSPECTOR OF POLICE PUTHOOR POLICE STATION, PUTHOOR KOLLAM DISTRICT - 691 507.
BY PUBLIC PROSECUTOR SMT. S. HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4832 of 2014 ()
APPENDIX
PETITIONER'S EXHIBITS
ANNEXURE-A1: TRUE COPY OF THE ORDER IN CRL.M.C.NO.3939 OF 2014 DATED 16.7.2014
ANNEXURE-A2: CERTIFIED COPY OF THE ORDER DATED 19.7.2014 IN CMP NO.5400 OF 2014 (CRIME NO. 1243/2012 OF PUTHOOR POLICE STATION , KOLLAM DISTRICT) OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTTARAKKARA
RESPONDENTS' EXHIBITS
NIL
// TRUE COPY // P.A. TO JUDGE
SD
P. UBAID, J.
Crl.M.C. No. 4832 Of 2014
Dated this the 18th day of September, 2014
Petitioner herein is the accused No. 3 in Crime No.
1243/2012 of the Puthur Police Station. He was granted bail by the learned Judicial First Class Magistrate Court-I, Kottarakkara
as per order dated 19.07.2014 in C.M.P. No. 5400/2014 on certain conditions. One of the conditions is that he shall surrender his passport. He is aggrieved by that condition, and now he has brought this application under Section 439(1)(B) Cr.P.C. to set aside the said condition.
In the result, this petition is allowed. The condition
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Crl.MC. No. 4832/2014
imposed by the court below directing the petitioner to surrender his passport as a condition for bail, will stand modified to the effect, that the passport will be released to him on his making a security deposit of Rs.10,000/- in the court below.
Sd/-
P. UBAID, JUDGE
sd
// TRUE COPY // P.A. TO JUDGE
1 issue framed by the court
Whether the condition to surrender passport as part of bail can be modified by depositing security.
BINU @ KANNAN
STATE OF KERALA
P. UBaid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
