Disposed

Sajesh N.V v. State of Kerala

Kerala HC27 Jun 2016Crl.MC/1399/2016

Case brief

AI extract

What is this about?

The court directed the learned Magistrate to reconsider the petitioner's application for release of his surrendered passport for renewal, dismissing the earlier rejection that the Magistrate lacked jurisdiction since the condition was imposed by the High Court.

What did the court decide?

The Magistrate is directed to reconsider the application for release of the passport for renewal in accordance with law.

Sajesh N.V Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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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 RAJA VIJAYARAGHAVAN V

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MONDAY, THE 27TH DAY OF JUNE 2016/6TH ASHADHA, 1938

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Crl.MC.No. 1399 of 2016

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CMP.8277/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR DATED 15-12-2015 CRIME NO. 564/2015 OF PERINGOME POLICE STATION , KANNUR

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PETITIONER(S)/PETITIONER:

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SAJESH N.V, AGED 29 YEARS S/O. KARUNAKARAN, NADUVILE VEETTIL, ERAMAM P.O, THALIPARAMBU TALUK, KANNUR DISTRICT.

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BY ADV. SRI.I.V.PRAMOD

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RESPONDENT(S)/COMPLAINANT & STATE:

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1. STATE OF KERALA, REPRESNTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.

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2. SUB INSPECTOR OF POLICE, PERINGOME POLICE STATION, KANNUR 670 103.

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1399 of 2016

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1: A TRUE COPY OF THE ORDER DATED 20/08/2015 IN B.A NO 5027/2015 OF THIS HON'BLE COURT

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ANNEXURE A2: A TRUE COPY OF THE APPLICATION CMP NO 8277/2015 IN CRIME NO 564/2015 DATED 1/12/2015 BEFORE THE JFCM PAYYANNUR

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ANNEXURE A3: A CERTIFIED COPY OF THE ORDER PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR IN CMP NO 8277/2015 IN CRIME NO 564/2015 DATED 15/12/2015

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

RAJA VIJAYARAGHAVAN.V, J

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--------------------------------------Crl.M.C. No.1399 of 2016

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----------------------------------------

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Dated this the 27^th day of June, 2016

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O R D E R

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The petitioner was granted bail by this court by Annexure-A1 order dated 20.8.2015. As per condition No.3 of the said order the petitioner was required to surrender his passport before the court below. The petitioner in terms of the said order, surrendered the passport before court. Later, the petitioner applied for release of the passport for the purpose of renewing the same. The said application was dismissed by the learned Magistrate as per Annexure-A3 order holding that the Magistrate is bereft of jurisdiction as the condition was imposed by this Court. Having regard to the facts , the learned Magistrate is directed to

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Crl.M.C.1399/2016

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reconsider the application for release of the passport for

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the purpose of renewal in accordance with law.

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Crl.M.C. No.1399 of 2016 is disposed of as above.

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Sd/RAJA VIJAYARAGHAVAN.V. JUDGE

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vps

Sajesh N.V v. State of Kerala

Case brief

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Sajesh N.V v. State of Kerala

Case brief

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