Allowed

Shalu Menon @ Shalu Venugopal v. State of Kerala

Kerala HC13 Feb 2020Crl.MC/473/2020

Case brief

AI extract

What is this about?

The High Court allowed the petitioner, a bail-granted accused, to release her passport held under a bail condition, directing the lower court to do so while requiring future permission to travel abroad.

What did the court decide?

Directed the learned Magistrate to release the passport to the petitioner, subject to seeking prior permission of the Court below before going abroad.

Shalu Menon @ Shalu Venugopal Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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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 ASHOK MENON

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THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941

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Crl.MC.No.473 OF 2020(H)

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AGAINST THE ORDER/JUDGMENT IN CC 2273/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS-III,TRIVANDRUM

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(CRIME NO.951/2013 OF THAMPANOOR POLICE STATION)

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PETITIONER/2ND ACCUSED:

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SHALU MENON @ SHALU VENUGOPAL AGED 37 YEARS, D/O.KALADEVI, RESIDING AT THRIPPUNITHURA BHAVAN, PERUNNA P.O., CHANGANACHERRY, KOTTAYAM DISTRICT.

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BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA)

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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OTHER PRESENT:

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SRI C S HRITHWIK (SR PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.473 of 2020

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O R D E R

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Dated this the 13th day of February 2020

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The petitioner is the 2^nd accused in Crime No.951/2013 of Thampanoor Police Station for having allegedly committed the offences punishable under Sections 406 and 420 of I.P.C. She was granted bail by this Court vide Annexure 1 order dated 23.08.2013

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with certain conditions. Condition (iii) directed her to surrender the Passport before the Magistrate and the petitioner seeks relaxation of that condition by releasing the Passport.

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Prosecutor that releasing of the Passport may entail

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her to escape from the clutches of law and she may go abroad and may not return. It is pertinent to note

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that the order of this Court was in the year 2013 and so far the petitioner has not violated any of the conditions of bail. Final report has already been filed and the case has been taken on file as

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Crl.M.C.No.473 of 2020

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C.C.No.2273/2013 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram, and

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the petitioner is appearing through Counsel.

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Under the above circumstances, I do not find any reason to retain the Passport of the petitioner any longer. Hence, the learned Magistrate is therefore directed to release the Passport to the petitioner. However, it is made clear that the petitioner shall

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seek permission of the Court below before going abroad. With the above observations, the Crl.M.C. is disposed of.

Sd/-

dkr

ASHOK MENON

JUDGE

Crl.M.C.No.473 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 COPY OF ORDER IN B.A.NO.5635/2013 DATED 23.08.2013. ANNEXURE 2 COPY OF ORDER IN CMP NO.5523/2019 IN C.C.NO.2273/2013 OF JFCM-III, THIRUVANANTHAPURAM DATED 04.01.2020.

Shalu Menon @ Shalu Venugopal v. State of Kerala

Case brief

What is this about?

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Shalu Menon @ Shalu Venugopal v. State of Kerala

Case brief

What is this about?

What did the court decide?

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