Partly allowed

Eappan M.Thomas v. State of Kerala

Kerala HC18 Dec 2020Crl.MC/2068/2020

Case brief

AI extract

What is this about?

The High Court modified the bail condition requiring the petitioner to surrender his passport. It directed the Magistrate to return the passport solely for revalidation, pending the filing of a final report and an undertaking not to depart illegally.

What did the court decide?

Modified bail condition; returned passport to petitioner solely for revalidation; required undertaking not to leave country.

Eappan M.Thomas Vs State of Kerala — Bail and Remand | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942

¶5

Crl.MC.No.2068 OF 2020(G)

¶6

AGAINST THE ORDER IN CRL MC NO. 947/2019 OF THE PRINCIPAL DISTRICT AND SSSIONS COURT, KOLLAM DTD. 22.06.19 IN CRL MP NO.1352/2019 OF THE PRONCIPAL DISTRICT AND SESSIONS COURT, KOLLAM DTD.27.9.19

¶7

CRIME NO.289/2019 OF Chathannoor Police Station , Kollam

¶8

PETITIONER/ACCUSED:

¶9

EAPPAN M.THOMAS AGED 39 YEARS S/O. EAPPAN THOMAS, RESIDING AT MANALIL MADASERI, NEAR MAARTHOMA CHURCH, AISHWARYA SCHOOL, THATHANKARI CHERI, THATHANKARI, PERINGAL VILLAGE, THIRUVALLA P. O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PINCODE - 689 101 (ACCUSED)

¶10

BY ADVS. SRI.B.DIPU SACH DEEV SRI.ARUN BABU

¶11

RESPONDENT/STATE AND DE FACTO COMPLAINANT:

¶12

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.

¶13

2 INSPECTOR OF POLICE (S.H.O) CHATHANOOR POLICE STATION, CHATHANNOOR, CHATHANOOR SUB DIVISION, KOLLAM CITY, KOLLAM DISTRICT, PINCODE - 691007.

¶14

OTHER PRESENT:

¶15

PP SREEJA V.

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Crl.MC.No.2068 OF 2020(G) ..2..

¶18

ORDER

¶19

Dated this the 18th day of December 2020

¶20

The petitioner is aggrieved by Annexure-A2 order, dismissing his application for lifting the condition No.2 in Annexure-A1 order, imposed while granted him bail in Crime No.289/2019 of Chathannoor Police Station. By condition No.2, petitioner was directed to surrender his passport before the jurisdictional court within 15 days. By Annexure-A2, the request for modification of the condition was rejected, and the learned Sessions Judge directed the jurisdictional Magistrate to dispose the case within six months.

¶21

Annexure-A2 order was passed on 27.09.2019.

¶22

According to the learned Counsel for the petitioner, even as on today, final report has not been filed. The

¶23

Crl.MC.No.2068 OF 2020(G) ..3..

¶24

learned Counsel further submitted that, validity of the passport surrendered in terms of Annexure-A1 order has expired and he is only seeking modification of condition No.2 for the purpose of getting his passport revalidated. It is specifically stated that as of now, the petitioner does not intend to leave the country, he shall get prior permission from the jurisdictional court. I consider the request to be reasonable, especially since the final report is not filed.

¶25

In the result, the Criminal M.C.is disposed of,

¶26

modifying condition No.2 in Annexur-A1. The jurisdictional Magistrate court shall return the petitioner's passport for sole purpose of getting it revalidated. Necessary orders in this regard shall be passed by the learned Magistrate on the petitioner filing an affidavit undertaking to re-submit the passport after revalidation and such other conditions

¶27

Crl.MC.No.2068 OF 2020(G) ..4..

¶28

which the learned Magistrate deems appropriate.

¶29

The Criminal M.C.is disposed of accordingly.

¶30

SB/18/12/2020

¶31

Sd/V.G.ARUN JUDGE

¶32

Crl.MC.No.2068 OF 2020(G) ..5..

¶33

APPENDIX

¶34

PETITIONER'S/S EXHIBITS:

¶35

ANNEXURE 1 CERTIFIED COPY OF THE ORDER IN CRL.M.C.NO.947/2019 IN CRIME NO.289/2019 OF CHATHANNOOR POLICE STATION DATED 22.06.19.

¶36

ANNEXURE 2 FREE COPY OF THE ORDER IN CRL. M.P.NO.1352/2019 IN CRL.M.C.NO.947/2019 OF THE DISTRICT AND SESSIONS COURT, KOLLAM DATED 27.09.2019.

¶37

//true copy// P.A to Judge

Eappan M.Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Eappan M.Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Robin Vs the State of Kerala

Anjalidev, Vs Arun

E.v.Ramakrishna Kurup Vs Gopinathan Pillai

M/S Sai Associates Vs State of Kerala

Sai Associates Vs State of Kerala

M/S Sai Associates Vs State of Kerala