Allowed

Isubu Ziyad v. State of Kerala

Kerala HC23 Dec 2022Crl.MC/9085/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition seeking transfer of an accused prisoner from Viyyoor Central Prison to Sub Jail, Kasaragod. The transfer was permitted as the petitioner is a native of Kasaragod and a jail report confirmed no objection, citing family welfare.

What did the court decide?

Petition allowed; Jail Superintendent of High Security Prison, Viyyoor directed to transfer the petitioner from Viyyoor Central Prison to Sub Jail, Kasaragod, in accordance with rules.

Isubu Ziyad Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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FRIDAY, THE 23^RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 CRL.MC NO. 9085 OF 2022

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CRIME NO.577/2018 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE PETITIONER/11TH ACCUSED:

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ISUBU ZIYAD @ ZIYA AGED 34 YEARS, S/O.BADUVA KUNHI, AMBIKANA HOUSE, PAIVALIKE P.O., KASARAGOD, PIN - 671322

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BY ADV K.V.SABU

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RESPONDENT/COMPLAINANT:

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

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BY SMT.T.V.NEEMA, SR.P.P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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23.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 9085 OF 2022

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O R D E R

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This Crl.M.C. has been filed to transfer the petitioner from Viyyoor Central Prison to Sub Jail, Kasaragod.

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The petitioner is the accused No.11 in Crime No.577/2018 of

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Kunnamangalam Police Station. The offences alleged against the petitioner are punishable under Section 57 of K.P. Act, which was later altered to Sections 365, 395 r/w 34 of IPC.

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The petitioner is now housed at the Central Prison, Viyyoor, as a remand prisoner. The petitioner is a native of Kasaragod. It is alleged that his aged mother, wife and children are in Kasaragod and it will be difficult for them to undertake travel from Kasaragod to Viyyoor to see him. It is in these circumstances, transfer has been sought.

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Admittedly, the petitioner is a native of Kasaragod. A report has been called for from the Superintendent, High Security Prison, Viyyoor. He has reported that transfer request can be favourably considered. That apart, it is reported that the petitioner is having another 2 cases at the Judicial First Class Magistrate Court-VII, Mangaluru and the Metropolitan Magistrate, Mumbai.

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CRL.MC NO. 9085 OF 2022

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Considering all these aspects, I am of the view that the transfer sought for can be allowed. Hence, this Crl.M.C. is allowed. The Jail Superintendent, High Security Prison, Viyyoor, is directed to transfer the petitioner from Viyyoor Central Prison to Sub Jail, Kasaragod, in accordance with rules.

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Sd/- DR.KAUSER EDAPPAGATH, JUDGE

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CRL.MC NO. 9085 OF 2022

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APPENDIX OF CRL.MC 9085/2022

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PETITIONERS' ANNEXURES:

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ANNEXURE A1 COPY OF THE ORDER DT.28.10.2022 IN CMP NO.3735/22 IN CRIME NO.577/18 OF KUNNAMANGALAM POLICE STATION ANNEXURE A2 A COPY OF THE ORDER DT. 25.2.2022 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE IN CRL.M.C. NO.308/2022

Isubu Ziyad v. State of Kerala

Case brief

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Isubu Ziyad v. State of Kerala

Case brief

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