In a criminal miscellaneous petition concerning bail, the court allowed the release of the petitioner's passport to facilitate external connectivity while directing execution of a bond and availability for interrogation.
Release of the petitioner's passport on conditions including execution of a bond with sureties and availability for interrogation.
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 B.KEMAL PASHA
MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937
Crl.MC.No. 3667 of 2015
CRL.MP.NO.733/2015 IN CRL.M.C.NO.1509/2014 OF SESSIONS COURT, THIRUVANANTHAPURAM.
OR. NO. 5/2014 OF PARUTHIPPALLY FOREST RANGE, THIRUVANANTHAPURAM.
PETITIONER/ACCUSED:
AHAMMED HAREES, S/O ABDUL ALI, AGED 31, 2/69, WEST STREET, NAMBUTHALAI P.O., RAMANATHAPURAM DISTRICT, NOW RESIDING AT 8/4, SAGAMAM, GOTHARA STREET, THONDI, RAMANATHAPURAM DISTRICT, TAMILNADU.
BY ADVS.SRI.S.GOPAKUMAR SMT.T.M.BINITHA
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SPECIAL GOVT. PLEADER(FOREST) SRI. M.P.MADHAVANKUTTY
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
Crl.MC.No. 3667 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1: TRUE COPY OF THE ORDER IN CRL.M.C.NO.1509/2014 DATED 19.1.2014 GRANTING BAIL TO ACCUSED.
ANNEXURE A2: CERTIFIED COPY OF ORDER IN CRL.M.P.NO.733/2015 IN CRL.M.C.NO.1509/2014 DATED 9.4.2015.
RESPONDENT(S)' ANNEXURES: NIL
//TRUE COPY//
P.S. TO JUDGE
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B. KEMAL PASHA, J.
Crl.M.C. No.3667 of 2015 C
Dated this the 23rd day of November, 2015
O R D E R
~ ~ ~ ~ ~ ~
The learned Special Government Pleader for
Forests has pointed out that as per the report of the forest officials, no other crime has been registered against the petitioner in that Forest Range. Considering the said fact, this Court is of the view that presently, the passport of the petitioner can be released to the petitioner.
release the passport of the petitioner on the following conditions:-
(i) The petitioner shall execute a bond
for ₹1 lakhs with two solvent sureties each for
Crl.M.C.3667/2015
: 2 :
the like sum to the satisfaction of the court
below. The sureties shall be from the State of
Kerala.
(ii) The petitioner shall produce his
passport as and when called for.
(iii) The petitioner shall make himself available for interrogation as and when
required.
Crl.M.C. is disposed of as above.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/23/11
// True Copy //
PA to Judge
2 issues framed by the court
Whether the passport of the accused should be released pending trial.
Under what conditions the petitioner should be allowed liberty outside the jurisdiction.
AHAMMED HAREES
STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
