Disposed

Pascal Ekemona @ John Kennedy v. the State of Kerala

Kerala HC11 Apr 2018Crl.MC/1950/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 Cr.P.C by foreign nationals accused of offences under IPC and Passports Act, the Court observed that under Section 445 Cr.P.C., an accused has the right to deposit money in lieu of sureties without court permission and directed that if the petitioner deposits Rs. Twenty lakhs, he shall be released on bail.

What did the court decide?

Petitioner directed to deposit Rs. Twenty lakhs in lieu of bond; upon deposit, to be released on bail.

Pascal Ekemona @ John Kennedy Vs the State of Kerala — Bail and Remand | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940

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Crl.MC.No. 1950 of 2018

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CRMC.NO.2660/2017 of SESSIONS COURT,THIRUVANANTHAPURAM CC.NO.1135/2016 of CHIEF JUDICIAL MAGISTRATE COURT,THIRUVANANTHAPURAM.

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CRIME NO.13/2015 OF CYBER CRIME POLICE STATION,THIRUVANANTHAPURAM .

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--------

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PETITIONER(S)/ACCUSED

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1 PASCAL EKEMONA @ JOHN KENNEDY, AGED 30 YEARS, S/O.EJOIFOR, ABA, NIGERIA, PRESENTLY RESIDING AT FLAT NO.B2/A-226, DEVLI EXTN. KHANPUR, NEW DELHI.

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2 OBERE SATURDAY, AGED 37 YEARS, S/O.ALIMIELA, AGBOR, NIGERIA, PRESENTLY RESIDING AT FLAT NO.B2/A-226, DEVLI EXTN. KHANPUR, NEW DELHI.

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BY ADV.SRI.M.S.MOHAMMED ANSARY

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RESPONDENT(S)/COMPLAINANT:

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THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. (IN CRIME NO.13/2015 OF CYBER CRIME POLICE STATION, THIRUVANANTHAPURAM).

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BY SENIOR PUBLIC PROSECUTOR SRI.SUMAN CHAKRAVARTHY

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1950 of 2018 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE ORDER DATED 16.09.2015 IN CMP NO.2836/2015 OF THE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM.

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ANNEXURE A2 FREE COPY OF THE ORDER DATED 18.12.2017 OF THE SESSIONS COURT, THIRUVANANTHAPURAM IN CRIMINAL M.C.2660/2017.

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RESPONDENT(S)'ANNEXURES - NIL

/TRUE COPY/

PS TO JUDGE

TS 12.04.2018

K.ABRAHAM MATHEW J.

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Crl.M.C.No.1950 of 2018

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----------------------------------------Dated this the 11^th day of April, 2018

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ORDER

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Petition filed under Section 482 Cr.P.C.

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The petitioner is a foreign national. He is alleged to have committed the offences under Sections 120B, 406, 420, 468 and 471 IPC and Section 12(b) of the Passports Act and Section 14(1) (b) of the Foreigners Act. He was granted bail on 16.9.2015 subject to the condition inter alia that he shall execute a bond for Rs.Ten lakhs with two solvent sureties each for the like sum. There was a condition that the sureties shall be from Kerala. The conditions have not been complied with. So he is still in jail. The prayer in this Crl.M.C is to allow the petitioner to deposit cash in lieu of the bond.

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Heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.

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Under Section 445 Cr.P.C the accused has the right to deposit the money for which he and his sureties have been ordered to execute bonds. Permission of the court is not necessary. So if the petitioner deposits the amount of Rs. Twenty lakhs instead of offering sureties he shall be released on bail. If he does not deposit the amount, the trial court shall try to dispose of the case before 31^st May, 2018.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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cms

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/True copy/ P.S.to Judge

Pascal Ekemona @ John Kennedy v. the State of Kerala

Case brief

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Pascal Ekemona @ John Kennedy v. the State of Kerala

Case brief

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