Partly allowed

Mahesh Kumar@Adimoolam v. the Station House Officer

Kerala HC6 Mar 2019Crl.MC/1482/2019

Case brief

AI extract

What is this about?

This order considers a criminal miscellaneous petition seeking modification of bail conditions imposed by the Sessions Court. The petitioner requested alteration of conditions requiring appearance before the investigating officer and travel restrictions.

What did the court decide?

The court declined to modify the existing bail conditions but permitted the filing of an application for travel to Tamil Nadu, to be considered sympathetically subject to continued appearance before t

Mahesh Kumar@Adimoolam Vs the Station House Officer — Bail and Remand | 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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940

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Crl.MC.No. 1482 of 2019

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CRL.M.P.NO.361/2019 IN CRL.M.C. 2548/2018 of SESSIONS COURT, ERNAKULAM

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CRIME NO. 1666/2018 OF Ernakulam Central Police Station, Ernakulam

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PETITIONER/2ND ACCUSED:

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MAHESH KUMAR @ ADIMOOLAM, AGED 35 YEARS, S/O. NADARAJAN, 9, MASILAMANI ROAD, BALAJI NAGAR, ROYAPETTAH, CHENNAI, TAMILNADU-600014.

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.K.PRAVEEN KUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.P.T.SHEEJISH SRI.R.GITHESH SRI.THOMAS P.KURUVILLA

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RESPONDENTS/COMPLAINANT & STATE:

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1 THE STATION HOUSE OFFICER, CENTRAL POLICE STATION, ERNAKULAM-682031

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2 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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SRI HRITHWIK C S, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1482 of 2019

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ORDER

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The petitioner herein was granted bail by the Court of Session by imposing certain conditions. Among other conditions, he was ordered to appear before the investigating officer on Mondays and Fridays between 9 am and 10 am till the final report is filed. He was also ordered not to leave Ernakulam District without getting previous permission from the court having jurisdiction. He filed an application seeking modification, which was dismissed by Annexure-5 order. The said order is under challenge.

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The learned Senior Counsel appearing for the petitioner submitted that the petitioner has been co-operating with the investigation and it is prayed that condition Nos.3 and 7 be modified.

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Very serious objection is raised by the learned Public Prosecutor and it is submitted that the allegations are grave and the investigation is in the early stages.

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Having considered the submissions advanced, I find no compelling reason to interfere with condition Nos.3 and 7. However, it

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Crl.MC.No. 1482 of 2019

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is made clear that if an application for traveling to his native State is filed before the jurisdictional court, the same shall be sympathetically considered. However, it is made clear that even if the petitioner is permitted to travel to Tamil Nadu, he shall continue to appear before the investigating officer on Monday and Friday as ordered by the learned Sessions Judge.

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This petition is disposed as above.

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SD/-

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RAJA VIJAYARAGHAVAN V.,

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JUDGE

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//TRUE COPY// P.A TO JUDGE

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DSV/6.3.19

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Crl.MC.No. 1482 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO. 1666/18 OF CENTRAL POLICE STATION, ERNAKULAM

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ANNEXURE 2 TRUE COPY OF THE ORDER DATED 29-12-2018 IN CRL.MC.NO.2548/18 OF THE COURT OF SESSION (VACATION COURT)

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ANNEXURE 3 TRUE COPY OF THE PETITION IN CRL.M.P.NO.361/19 IN CRL.M.C NO.2548/18 OF THE SESSIONS COURT, ERNAKULAM.

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ANNEXURE 4 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS IN CRL.MP.NO.361/19 IN CRL.MC.NO.2548/18

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ANNEXURE 5 TRUE COPY OF THE ORDER DATED 7-2-19 IN CRL.M.P.NO.361/19 IN CRL.M.C.NO.2548/18 OF THE SESSIONS COURT, ERNAKULAM

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RESPONDENT'S/S EXHIBITS:

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NIL

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//TRUE COPY//

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P.A.TO JUDGE

Mahesh Kumar@Adimoolam v. the Station House Officer

Case brief

What is this about?

What did the court decide?

Mahesh Kumar@Adimoolam v. the Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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