Allowed

Haridas @ Narayanankutty v. State of Kerala

Kerala HC14 Dec 2015Crl.MC/7656/2015

Case brief

AI extract

What is this about?

Single judge order regarding criminal proceedings. Petitioner, accused in POCSO case, sought quashing of bail condition restricting him from entering police station limits. Court observed investigation concluded majorly and granted lift on condition.

What did the court decide?

Objectionable condition imposed by Sessions Court ordering accused not to enter Pazhayannur Police Station limits shall be lifted.

Haridas @ Narayanankutty Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2015)

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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 P.UBAID

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MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937

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Crl.MC.No. 7656 of 2015 (C)

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AGAINST THE ORDER IN MC 919/2015 OF SESSIONS COURT, THRISSUR DATED 20-11-2015

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CRIME NO.1342/2014 OF PAZHAYANNUR POLICE STATION, THRISSUR

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PETITIONER/ACCUSED :-

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HARIDAS @ NARAYANANKUTTY, PROPRIETOR M/S.HARIDAS SWEET PALACE, AGED 39 YEARS, S/O.OORAKKATTIL KRISHNANKUTTY GUPTHAN, OORAKKATTIL HOUSE, PATTIPARAMBU P.O., THIRUVILVAMALA, THRISSUR DISTRICT.

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BY ADVS.SRI.G.HARIHARAN

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SRI.PRAVEEN HARIHARAN

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RESPONDENTS/STATE & COMPLAINANT :-

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

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2. SUB INSPECTOR OF POLICE, PAZHAYANNUR POLICE STATION, THRISSUR DISTRICT - 680 587.

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R BY SRI.JUSTIN JACOB, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING :

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rkj

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Crl.MC.No. 7656 of 2015 (C)

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APPENDIX

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PETITIONER(S)' ANNEXURES :-

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ANNEXURE I : TRUE COPY OF THE ORDER DATED 20.04.2015 MADE IN CRL.M.C.NO.919/2015 BEFORE THE SESSIONS JUDGE, THRISSUR.

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ANNEXURE II : TRUE COPY OF THE PETITION MADE IN M.P.NO. 4150/2015 IN M.C.NO.919/2015 MADE BY THE

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PETITIONER BEFORE THE HON'BLE SESSIONS COURT, THRISSUR.

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ANNEUXRE III : TRUE COPY OF THE ORDER DATED 20.11.2015 PASSED BY THE HON'BLE SESSIONS JUDGE, THRISSUR IN CRIMINAL M.P.NO.4150/2015 IN CRL.M.C.NO.919/2015.

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RESPONDENT(S)' ANNEUXRES :- NIL

//TRUE COPY//

P.A.TO JUDGE

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P.UBAID, J.

============================ Crl.M.C.No.7656 of 2015

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============================ Dated this the 14^th day of December, 2015

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ORDER

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The petitioner herein is the first accused in Crime No.1342 of 2014 of the Pazhayannur Police Station, registered under the provisions of the Protection of Children from Sexual Offences Act, and also under Section 23 of the Juvenile Justice (Care and Protection) of Children Act. He was granted bail by the learned Sessions Judge, Thrissur on 20.04.2015 on certain conditions. One of the conditions is that he shall not enter the limits of Pazhayannur Police Station except for the purpose of complying with the second condition, that he shall report before the Investigating Officer every Sunday between 9.00 am and 11 a.m., for three months. In November 2015, he made an application before the learned Sessions Judge as Criminal M.P.No.4150 of 2015 to lift the said objectionable condition that he shall not enter into the limits of the Pazhayannur Police Station. The said application was dismissed by the learned

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Crl.M.C.No.7656 of 2015 2

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Sessions Judge on 20.11.2015. The said order is sought to be quashed under Section 482 Cr.P.C.

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On hearing both sides, and on a perusal of the impugned order, I find that the objectionable condition need not now continue. It was imposed by the learned Sessions Judge in April 2015, and now we are at the end of December 2015. The police must have completed major part of the investigation by this time. Moreover, it is submitted that the victim is a resident of Thrissur which is far away from the Pazhayannur Police Station. I find that lifting of the objectionable condition will not do any harm to the prosecution.

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In the result, this petition is allowed. The objectionable condition imposed by the court below as per the order dated 20.04.2015 in Crl.M.C.No.919 of 2015, that the petitioner shall not enter the limits of the Pazhayannur Police Station, will stand lifted.

P.UBAID JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

Haridas @ Narayanankutty v. State of Kerala

Case brief

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Haridas @ Narayanankutty v. State of Kerala

Case brief

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