Allowed

Sharmila Ravikumar, v. State of Kerala

Kerala HC20 Mar 2019Crl.MC/854/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a criminal miscellaneous petition filed by an accused facing charges of cheating and criminal conspiracy. The petitioner prayed for the release of her surrendered passport to travel abroad for two months to assist her husband in business. The court allowed the petition, directing the lower court to release the passport subject to specific conditions and a secur

What did the court decide?

Directed the court below to release the petitioner's passport for two months on execution of a bond with security deposit, subject to conditions including furnishing visa/address details and prior per

Sharmila Ravikumar, Vs State of Kerala — Constitutional and Fundamental Rights | 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 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940

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Crl.MC.No. 854 of 2019

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AGAINST THE ORDER DATED 7.1.2019 IN CRL.MP NO.1121/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY

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CRIME NO.2450/2016 OF ANGAMALI POLICE STATION

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PETITIONER/ACCUSED NO.4:

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SHARMILA RAVIKUMAR, AGED 37 YEARS, W/O RAJEEV, KRISHNA KRIPA, NEAR P.W.D.REST HOUSE, HARIPPAD, ALAPPUZHA, PIN-695014.

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BY ADVS.

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SRI.C.S.MANU SRI.S.K.PREMRAJ

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RESPONDENTS/COMPLAINANT & INVESTIGATING OFFICER:

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

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2 SUB-INSPECTOR OF POLICE,

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ANGAMALY POLICE STATION, ANAGAMALY, (NOTICE TO THE RESPONDENT MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM).

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BY PUBLIC PROSECUTOR SRI. AJITH MURALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

CRL.MC:854/2019

ORDER

The petitioner herein is the 4^th accused in Crime No.2450 of 2016 registered at the Angamaly Police Station under Sections 120B, 408 and 420 r/w. Section 34 of the IPC.

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While granting bail, the petitioner was ordered to surrender her passport, which was duly complied with.

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The learned counsel appearing for the petitioner submitted that the crime was registered in the year 2016 and there is no justification in denying her constitutional right to travel. All that the petitioner had sought for was release of the passport for a period of

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two months to join her husband and to commence a business.

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Heard the learned Public Prosecutor.

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Having regard to the facts and circumstances, I find no

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reason to refuse the prayer sought for.

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This petition is disposed of directing the court below to release the passport to the petitioner and to permit her to go abroad

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CRL.MC:854/2019

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for a period of two months on her executing a bond for Rs.50,000/(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court below. The release of passport shall be subject to the following conditions:-

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a). The passport of the petitioner shall be released to her for a period of two months. The petitioner shall give an undertaking before the learned Magistrate that she will return the passport before the Court within the said period from the date of obtaining release of the passport from Court.

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b). The petitioner shall submit her VISA details and passport details before the court below and also furnish her address abroad. She shall also furnish the name and other particulars, including mobile phone number etc., of his local Advocate, who could be contacted by the Court or Investigating officer for giving any direction to the petitioner.

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c). The petitioner shall deposit a sum of Rs.15,000/(Rupees Fifteen thousand) as security towards temporary release of the passport.

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d). The petitioner shall not leave the country without obtaining prior permission from the learned Magistrate.

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CRL.MC:854/2019

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e). The amount deposited by the petitioner, by way of security, will stand forfeited, in case she violates any of the conditions above.

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SD/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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KRJ

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//TRUE COPY// P.A. TO JUDGE

CRL.MC:854/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A-1 TRUE COPY OF THE FIR IN CRIME NO.2450 OF 2016 OF ANGAMALY POLICE STATION.

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ANNEXURE A-2 TRUE COPY OF THE ORDER DATED 7.12.2016 IN CRL.M.P.NO.953 0F 2016 PASSED BY THE JFCM,COURT,ANGAMALY. ANNEXURE A-3 TRUE COPY OF THE INDIAN PASSPORT NO.K4391998 OF THE PETITIONER.

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ANNEXURE A-4 TRUE COPY OF THE CRL.M.P.NO.1121 OF 2018 ON THE FILES OF TTHE JUDICIAL FIRST CLASS MAGISTRATE'S COURT,ANGAMALY.

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ANNEXURE A-5 TRUE COPY OF THE ORDER DATED 7.1.2019 IN CRL.M.P.NO.1121 OF 2018 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT,ANGAMALY.

Sharmila Ravikumar, v. State of Kerala

Case brief

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Sharmila Ravikumar, v. State of Kerala

Case brief

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