Allowed

Ratheesh, v. State of Kerala

Kerala HC15 Jan 2019Crl.MC/35/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition under Section 482 Cr.P.C. filed by an accused person seeking the return of his passport. The court granted the relief conditionally, requiring undertakings for return to India within one year and a monetary deposit to ensure compliance.

What did the court decide?

Return of the petitioner's passport on conditions including an undertaking to return to India within one year, surrender of passport within ten days of return, deposit of Rs. 25,000, provision of fore

Ratheesh, 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 K.ABRAHAM MATHEW

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TUESDAY, THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940

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Crl.MC.No. 35 of 2019

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CRMP 4070/2018 OF FIRST ADDL. SESSIONS COURT, THRISSUR

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CRIME NO. 1175/2010 OF MATHILAKOM POLICE STATION, THRISSUR

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PETITIONER/S:

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RATHEESH, AGED 34 YEARS S/O.RAMAN, PALLATH HOUSE, THAY NAGAR, KAIPAMANAGALAM.

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BY ADV. SRI.MANSOOR.B.H.

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RESPONDENT/S:

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1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031

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2 STATION HOUSE OFFICER, MATHILAKOM POLICE STATION, THRISSUR DISTRICT- 680024.

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OTHER PRESENT:

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SRI. ALEX M THOMBRA SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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..2..

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Crl.MC.No. 35 of 2019

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ORDER

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Petition filed under Section 482 Cr.P.C.

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The petitioner is the second accused in SC No. 230 of 2015 on the file of the Additional

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Sessions Judge-I, Thrissur. He is charged with having committed the offences under Sections 308, 323, 324, 326 & 341 of the Indian Penal Code. He filed an application to return the passport, which was surrendered by him pursuant to the directions in the bail order. The learned Sessions Judge dismissed it by

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Annexure B order on the ground that the application did not disclose any “valid or specific ground”. This is challenged in this Crl.M.C.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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In this court it is submitted that the petitioner was working abroad and unless he joins duty immediately, he will lose his job.

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Crl.MC.No. 35 of 2019

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..3..

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This stands proved by Annexure C letter from the employer. The trial court has not yet framed charge. There is a heavy pendency of cases in the trial court. So, it appears that the case will not be taken up for trial in the

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immediate future. Having regard to these facts, I am inclined to grant the prayer of the petitioner.

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In the result, this Crl.M.C. is allowed. The passport of the petitioner shall be returned to him subject to the following conditions: He shall file an affidavit undertaking that he will return to India within one year and within ten days of his return he will surrender his passport again. He shall deposit Rs.25,000 (Rupees twenty five thousand only),

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which will stand forfeited if he fails to comply with any condition in this order and the bail order. He shall furnish his foreign address and contact numbers. He shall produce

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Crl.MC.No. 35 of 2019

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..4..

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five self addressed stamped envelops so that process may be issued to him. He shall aver in the affidavit that sending summons/notice at that address will be treated as sufficient compliance with the provisions in the Cr.P.C. for service of summons or notice.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A COPY OF THE ORDER DATED 24.09.2018 IN B.A.NO.6423/2018. ANNEXURE B COPY OF THE ORDER DATED 09.11.2018 IN CRL.M.P.NO.4070/2018 IN S.C.NO.230/2015 OF COURT 1ST ADDITIONAL SESSIONS JUDGE, THRISSUR.

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ANNEXURE C COPY OF THE WARNING MEMO DATED 10.12.2018 ISSUED BY THE SIMI STUDIO COLOUR LAB.

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Bka/15.01.2019

Ratheesh, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ratheesh, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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