Single judge order dismissing petitioner's prayer to remove passport surrender condition imposed in bail. Directs Sessions Judge to expedite trial and dispose case by 31.12.2016 due to petitioner's prior bail jumping.
Prayer for release of passport dismissed. Petitioner directed to comply with existing bail condition regarding passport surrender.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 15TH DAY OF JULY 2016/24TH ASHADHA, 1938
Crl.MC.No. 2523 of 2016
CRL.MP.NO.712015 IN SC.579/2010 OF ADDITIONAL SESSIONS COURT-II, THIRUVANANTHAPURAM.
CRIME NO. 264/2009 OF CHIRAYINKEEZHU POLICE STATION , THIRUVANANTHAPURAM
PETITIONER(S)/8TH ACCUSED:
REJI @ VISWAN,
S/O.SATHYASEELAN, KALIYIL VILA VEEDU, VELANKONAM DESOM, CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SMT.M.R.JAYALATHA
RESPONDENT(S)/COMPLAINANT & STATE:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 034.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 2523 of 2016
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 : A TRUE COPY OF THE BAIL ORDER DATED 9-7-2012 IN CRL.M.P. NO.1198/2012 IN SC 579/2010.
ANNEXURE A2 : A TRUE COPY OF THE ORDER IN CRL.M.P.NO.71/2015 IN SC.NO.579/2010 DATED 11-12-2015 ON THE FILE OF ADDITIONAL SESSIONS JUDGE-II, THIRUVANANTHAPURAM.
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
RAJA VIJAYARAGHAVAN, V., J.
Crl.M.C. No.2523 of 2016
Dated this the 15th day of July, 2016
O R D E R
~~~~~~~~
the Additional Sessions Court-II, Thiruvananthapuram. While granting bail to the petitioner , the learned Sessions Judge had imposed a condition that his passport be surrendered . He sought for modification of the said condition which was dismissed as per Annexure A 2 order . The same is under challenge .
Crl.M.C. No. 2523 of 2016 -2-
the fact that on an earlier instance, the petitioner had jumped bail and had absconded. Later, the petitioner was arrested and he was produced before the court. Thereafter, the petitioner was released on bail 20.7.2012 by imposing the aforesaid condition.
sd/-
RAJA VIJAYARAGHAVAN, V. JUDGE
Ps/16/7/16
2 issues framed by the court
Whether the condition requiring surrender of passport by the 8th accused in a criminal trial should be waived to allow him to travel abroad.
Whether the trial proceedings should be expedited given the petitioner's bail history and the stage of the case.
Reji @ Viswan
State of Kerala
Raja Vijayaraghavan V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
