Allowed

Manav.P v. State of Kerala

Kerala HC8 Dec 2020Crl.MC/5267/2020

Case brief

AI extract

What is this about?

The Court dismissed a Criminal Miscellaneous petition filed by a petitioner-bailed accused in an NDPS case for modification of bail conditions. The Court deleted the condition prohibiting travel out of Kerala to facilitate the petitioner's BSc nursing studies.

What did the court decide?

Condition No.5 of the bail order prohibiting the petitioner from leaving the State of Kerala was deleted, subject to an affidavit undertaking to appear when summoned.

Manav.P Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2020)

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Crl.M.C.No.5267/2020 1

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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 V.G.ARUN

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TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942

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Crl.MC.No.5267 OF 2020(G)

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AGAINST THE ORDER/JUDGMENT IN CRL.M.P 1558/2020 in CRL.M.P.NO.1247/2020 IN CRIME NO.339 OF 2020 OF BAKAL POLICE STATION, KASARGODE

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PETITIONER/S:

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MANAV.P, AGED 19 YEARS, S/O.SHIBURAJ.P., RESIDING AT CHAPPANGATHOTTATHIL, THAMARASSERY P.O., RAVOTH VILLAGE, KOZHIKODE TALUK, KOZHIKODE DISTRICT.

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BY ADVS. SRI.M.SASINDRAN SRI.P.K.SUBHASH

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RESPONDENT/S:

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

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2 THE STATION HOUSE OFFICER, (CRIME NO.339 OF 2020 OF BEKAL POLICE STATION) KASARGOD DISTRICT-671 121.

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SENIOR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.5267/2020

O R D E R

Dated this the 8^th day of December, 2020

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The petitioner is the accused in Crime No.339 of 2020 of Bekal Police Station, registered for offences punishable under Section 20(b)(ii)B of NDPS Act. The allegation against the petitioner is that he had transported ganja having an approximate quantity of 2.100 Kgs on a scooter. By Annexure-AI order the petitioner was granted bail by the Sessions Court, Kasaragod, subject to certain conditions. Condition No.3 require the petitioner to report before the Investigating Officer, on every Monday and Saturday between 10 a.m and 11 a.m for a period of three months or till filing of the final report in the case, whichever is earlier. By condition No.5, the petitioner is prevented from leaving the State of Kerala without prior permission from the court.

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Petitioner is studying for Bsc nursing course at Bangalore. Annexure-AII certificate issued by the Global College of Nursing is produced to prove that fact. The petitioner, therefore, approached the Sessions Court, Kasaragode for modification of condition Nos.3 and 5, so as to pursue his

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Crl.M.C.No.5267/2020

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studies. By Annexure-AIV the prayer for modification was rejected. Hence this Crl.M.C.

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The learned Public Prosecutor submits, on instructions, that the final report has been filed in the case. Hence, condition No.3 does not subsist any longer.

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As far as condition No.5 is concerned, the petitioner having been released on bail, it is only just and proper that he be permitted to pursue his studies. In that view of the matter, condition No.5 in Annexure-AI is liable to be deleted and I do so. This is subject to the condition of the petitioner filing an affidavit before the Sessions Court undertaking to appear before the court as and when summons is received and to be present on the further posting dates thereafter.

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Crl.M.C is disposed of.

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Sd/- V.G.ARUN JUDGE

Crl.M.C.No.5267/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE-AI TRUE COPY OF THE ORDER DATED 16.09.2020 IN CRL M.P.NO.1247/2020 OF THE SESSIONS COURT, KASARAGOD ANNEXURE-AII TRUE COPY OF THE CERTIFICATE DATED 03.10.2020 ISSUED BY THE PRINCIPAL , GLOBAL COLLEGE OF NURSING BANGALORE ANNEXURE-AIII TRUE COPY OF THE PETITION FILED AS CRL.M.P.NO.1558/2020 BEFORE THE HON'BLE SESSIONS JUDGE, KASARAGOD ANNEXURE-IV TRUE COPY OF THE ORDER DATED 03.11.2020 IN S CRL.M.P.NO.1558/2020 BEFORE THE HON'BLE SESSIONS JUDGE, KASARAGOD(CRL.MC 247 (CR NO.339/2020 OF

Manav.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Manav.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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