Dismissed

Edatharammal Ranjith v. the Sub Inspector of Police

Kerala HC14 Mar 2024Crl.MC/2610/2015

Case brief

AI extract

What is this about?

In Crl.M.C. No. 2610 of 2015, the Kerala High Court dismissed the accused petitioner's petition for interim custody of a seized passport. The court held that given the allegations of tampering with the passport and the case pendency, the passport could not be returned.

What did the court decide?

The petition for interim custody of the passport and the criminal miscellaneous case were dismissed.

Edatharammal Ranjith Vs the Sub Inspector of Police — Criminal Trial and Appeal | Kerala HC (2024)

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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 BECHU KURIAN THOMAS

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THURSDAY, THE 14^TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945

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CRL.MC NO. 2610 OF 2015

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CRIME NO.22/2015 OF KARIPUR POLICE STATION, MALAPPURAM

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AGAINST THE ORDER DATED 10.04.2015 IN CRMP NO.460 OF 2015 OF CHIEF

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JUDICIAL MAGISTRATE, MANJERI

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PETITIONER/ ACCUSED :

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EDATHARAMMAL RANJITH

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S/O.RAJAN, EDOTHARAMMAL HOUSE, CHENOLI POST, PERAMBRA, KOZHIKODE DISTRICT.

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BY ADV SRI.P.V.ANOOP

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RESPONDENTS/ COMPLAINANT :

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1 THE SUB INSPECTOR OF POLICE KARIPUR POLICE STATION, MANJERI, MALAPPURAM-676 121.

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

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BY SRI.NOUSHAD K.A., PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 2610 OF 2015

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BECHU KURIAN THOMAS, J.

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=-=-=-=-=-=-=-=-=-=-=-=-=-=

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Crl.M.C.No.2610 of 2015

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=-=-=-=-=-=-=-=-=-=-=-=-=-=

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Dated this the 14^th day of March, 2024

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ORDER

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Petitioner is the accused in Crime No.22 of 2015 of Karipur Police Station. During the pendency of investigation, petitioner filed an application for getting back his passport which was seized by the police. The said application was dismissed by the Chief Judicial Magistrate's Court, Manjeri by order dated 10.04.2015 which is challenged in this petition under Section 482 of Cr.P.C.

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For the last 9 years, this case has been pending consideration before this Court. The investigation would have in all probabilities been completed. If the final report has been filed, arraying the petitioner as an accused, necessarily, the passport would be a material piece of evidence before the court. The nature of allegation against the petitioner indicates that he had tampered with the date of birth on the passport. A tampered passport cannot be returned to the petitioner as it is of no use and the same cannot be permitted to be utilised for any purpose whatsoever. Therefore the application for interim custody of the passport has to be declined.

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The dismissal of the application of the petitioner by the Chief Judicial Magistrate's Court, Manjeri in Crl.M.P.No.460 of 2015 does not call for any interference.

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CRL.MC NO. 2610 OF 2015

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It must be mentioned at this juncture that if the crime has not resulted in the final report arraying the petitioner as an accused, necessarily no offence would have been made out and the petitioner is entitled to return of the passport. However, those are all matters for the

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petitioner to initiate appropriate proceedings in accordance with law. With the above observation, this Crl.M.C. is dismissed.

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Sd/- BECHU KURIAN THOMAS, JUDGE

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RKM

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CRL.MC NO. 2610 OF 2015

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APPENDIX OF CRL.MC 2610/2015

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PETITIONER'S ANNEXURES :

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ANNEXURE-A.	THE TRUE 8/1/2015 CALICUT I	COPY BY ONE M NTERNATI	OF R.KU ONAL	THE COMPLAINT DATED NHIRAMAN M., A10 BOI, AIRPORT.
ANNEXURE-B.	THE TRUE 1ST RESPO	COPY OF NDENT	THE	FIR REGISTERED BY THE
ANNEXURE-C.	TRUE PHO PETITIONE	TOCOPY R	OF	THE PASSPORT OF THE
ANNEXURE-D.	THE TRUE PETITIONE	COPY OF R	THE	TRAVEL DETAILS OF THE
ANNEXURE-E.	THE TRUE PETITIONE 460/2015	COPY OF R WHICH ON THE F	THE IS ILE	PETITION FILED BY THE NUMBERED AS CRL.MP OF THE CJMC, MANJERI.
ANNEXURE-F.	THE TRUE STATE OF	COPY OF QUATAR.	THE	ID CARD ISSUED BY THE
ANNEXURE-G.	THE TRUE THE PETI CORPORATI	COPY OF TIOINER ON DATED	THE ISSU 28/	BIRTH CERTIFICATE OF ED BY THE KOZHIKODE 1/2015.
ANNEXURE-H.	THE TRUE IN CRL.M KARIPUR P CJMC, MAN	COPY OF P NO.460 OLICE ST JERI.	THE /2015 ATIO	ORDER DTED 10/4/2015 (CRIME NO.22/15, OF N) ON THE FILE OF THE

Edatharammal Ranjith v. the Sub Inspector of Police

Case brief

What is this about?

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Edatharammal Ranjith v. the Sub Inspector of Police

Case brief

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