Disposed

Tyson v. State of Kerala

Kerala HC12 Apr 2019Bail Appl./4565/2018

Case brief

AI extract

What is this about?

The Court allowed a criminal miscellaneous petition seeking modification of bail conditions. It directed that the petitioners appear as required instead of on fixed Saturdays and must obtain permission from the Judicial First Class Magistrate to travel abroad.

What did the court decide?

Bail conditions modified to require appearance as required; permission from Judicial First Class Magistrate required for foreign travel.

Tyson Vs State of Kerala — Service and Employment | Kerala HC (2019)

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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 ALEXANDER THOMAS

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FRIDAY, THE 12TH DAY OF APRIL 2019 / 22ND CHAITHRA, 1941

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Crl.MC.No. 2974 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMP 153/2019 of I ADDITIONAL DISTRICT COURT & ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOLLAM DATED 14-02-2019

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CRIME NO. 1468/2018 OF Karunaagapally Police Station , Kollam

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PETITIONER/S:

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1 GIREESHKUMAR, AGED 44 YEARS, S/O.KOCHUNARAYANA PILLAI,ANANDA BHAVANAM, MANAPPALLY NORTH MURI,PAVUMBA VILLAGE, KARUNAGAPPALLY.

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2 JAYAKRISHNA, AGED 36 YEARS, S/O SIVA KURUP,KRISHNA VILASAM, MANAPPALLY,MANAPPALLY NORTH MURI, PAVUMBA VILLAGE,KARUNAGAPPALLY.

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BY ADV. SRI.M.R.SASITH

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED THROUGH REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.

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2 CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY,KOLLAM-690001.

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OTHER PRESENT:

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SRI.AMJAD ALI, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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================== Crl.M.C.No. 2974 of 2019 ================== Dated this the 12^th day of April, 2019

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O R D E R

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The prayers in the above Crl.M.C. are as follows:

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“... to quash the Annexure A3 order dated 14.2.2019 in Crl.M.P. No.153/2019 on files of the Sessions Court, Kollam and thereby lifting of second condition that the petitioners will appear before investigation officer on all Saturdays in between 10 and 11 AM until further orders.”

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2. Heard Sri.Sasith Panicker, learned counsel appearing for

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the petitioners and Sri.Amjad Ali, learned Prosecutor appearing for the respondent State of Kerala.

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Condition No.2 in Anx.A1 order reads as follows:

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“2. The petitioners will appear before the investigating officer on all Tuesdays and Saturdays in between 10 and 11 am until further orders.”

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Condition No.2 in Anx.A-1 has now been modified by the Sessions Court as per Anx.A3 order, which reads as follows:

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“In the result, this criminal M.P is allowed and the second condition in Crl.M.C.No. 1468/18 is altered to the effect that the petitioners will appear before the Investigating Officer on all Saturdays in between 10 and 11 am. until further orders.”

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4. Having regard to the facts and circumstances of this case,

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it is ordered that condition No.2 of Anx.A1 order rendered by the trial

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court, as modified by Anx.A-3 order of the Sessions Court, will stand

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further modified with the direction that the petitioners will appear

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before the investigating officer as and when required. Further it is

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Crl.M.C.2974/19 - : 3 :-

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ordered that the petitioners will have to get permission from the Judicial First Class Magistrate's Court, Karunagappally, if they want to travel abroad.

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With these observations and directions, the above Crl.M.C. stands finally disposed of.

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sdk+

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Sd/- ALEXANDER THOMAS, JUDGE

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Crl.M.C.2974/19 - : 4 :-

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PETITIONERS EXHIBITS

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ANNXURE

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A1 COPY OF THE ORDER IN CRL.M.C.1468/2018 OF 1ST ADDL. SESSIONS COURT, KOLLAM.

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A2 COPY OF THE CRL.MP. NO.153/2019 FILED BY THE PETITIONERS.

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A3 COPY OF THE ORDER ON CRL.M.P.NO.153/2019 PASSED BY 1ST ADDL. SESSIONS COURT, KOLLAM.

Tyson v. State of Kerala

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Tyson v. State of Kerala

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