Allowed

Mahesh v. State of Kerala

Kerala HC22 Mar 2021Crl.MC/1298/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminalMiscellaneous Appeal seeking release of the petitioner's passport to enable him to go abroad for employment, imposing conditions regarding bond execution, affidavit submission, and legal representation.

What did the court decide?

The petitioner's passport shall be released for a period of two years and the petitioner permitted to go abroad, subject to execution of a bond with sureties, submission of an affidavit, and legal rep

Mahesh Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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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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MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

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Crl.MC.No.1298 OF 2021(B)

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CRL.M.P. 201/2021 in C.C.No.101/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, ALATHUR

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CRIME NO.291/2017 OF Alathur Police Station, Palakkad

PETITIONER/S:

MAHESH

AGED 24 YEARS

S/O. THANKAPPAN, KOTTAYANKADU, THANNIPUZHA, ELAVANCHERRY, PALAKKAD.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT/S:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNNAKULAM 682 031

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OTHER PRESENT:

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PP T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1298 OF 2021(B)

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ORDER

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Dated this the 22^nd day of March, 2021

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Petitioner is the first accused in Crime No.291 of 2017 of Alathur Police Station registered for offences punishable under Sections 308, 323, 324, 341 and 353 of IPC. The allegation is of the petitioner and others having stopped a stage carriage bus belonging to the Tamil Nadu Transport Corporation and of having assaulted the driver. The petitioner had been granted bail as per Annexure A order of this Court. Condition No. (4) in Annexure A required the petitioner to surrender his passport before the jurisdictional court. Accordingly, the petitioner surrendered his passport and later, moved the application seeking release of his passport, which stands rejected by Annexure B order. The primary reason stated in Anneuxre B order is that in Annexure A

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Crl.MC.No.1298 OF 2021(B)

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order, this Court had only directed the petitioner to surrender his passport and had not empowered the court below to release the passport.

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2. Learned Counsel for the petitioner submits that the petitioner has an opportunity of getting employment abroad and that, unless the passport is released, his future will be spoiled. It is submitted that the witnesses in the case being from Tamil Nadu, the case will not be listed for trial in the near future.

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3. I heard the Learned Public Prosecutor

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also.

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4. Taking into account the nature of the offences alleged and that the petitioner is a young man on the look out for employment, I am inclined to grant the relief.

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In the result, the Crl.M.C is allowed. The petitioner's passport shall be released for a

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Crl.MC.No.1298 OF 2021(B)

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period of two years and the petitioner permitted to go abroad, subject to the following conditions:

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(i) Petitioner shall execute a bond for

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Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like amount, to the

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satisfaction of the trial court.

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(ii) Petitioner shall submit an affidavit undertaking to appear before the court as and when directed.

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iii) The affidavit shall contain the

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petitioner's foreign address, mobile number, email address and other contact details.

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(iv) Petitioner shall make necessary

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arrangement to be represented through Counsel during his absence.

Sd/-

V.G.ARUN JUDGE

Scl/22.03.2021

Crl.MC.No.1298 OF 2021(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE ORDER IN B.A NO. 2302/2017 OF THIS HON'BLE COURT DATED 07-04-2017

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ANNEXURE B CERTIFIED COPY OF THE ORDER IN CRL.M.P NO. 201/2021 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-1, ALATHUR DATED 03-02-2021

Mahesh v. State of Kerala

Case brief

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What did the court decide?

Mahesh v. State of Kerala

Case brief

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What did the court decide?

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