IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
Crl.MC.No.5222 OF 2020(C)
AGAINST THE ORDER/JUDGMENT IN CMP 2067/2020 DATED 06-11-2020 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVUR
CRIME NO.515/2018 OF PARAVOOR POLICE STATION, KOLLAM
PETITIONER/PETITIONER/6TH ACCUSED:
NITHIN, AGED 35 YEARS,
S/O. ANTONY, MERIN VILLA, MOOTHAKARA, SNEHA NAGAR 32,
KACHERI P.O, KOLLAM DISTRICT.
BY ADV. SRI.N.SUNIL JOSEPH
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 THE STATION HOUSE OFFICER,
PARAVUR POLICE STATION, PARAVUR P.O,KOLLAM DISTRICT.
PUBLIC PROSECUTOR SRI.K.B.UDAYAKUMAR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5222 OF 2020(C) 2
ORDER
The accused No.6 who was enlarged on bail by imposing conditions including surrender of the passport came up before this court, aggrieved by an order by the learned Magistrate refusing to release the passport, so as to enable him to leave the state. It will not come under the purview of Section 482 Cr.P.C.. The remedy lies somewhere else. Instead of exhausting the remedy available to the party, the petitioner came up with an application under Section 482 Cr.P.C. Without prejudice to the right of parties to exhaust the proper remedy as per the lux fori and lux loci, the Crl.M.C. is dismissed. Return the certified copy of Annexure A3 to the concerned counsel on proper application forthwith.
Sd/-
P.SOMARAJAN JUDGE msp Crl.MC.No.5222 OF 2020(C) 3 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE ORDER DATED 15.07.2020 IN B.A. NO. 4053/2020 OF THIS HON'BLE COURT. ANNEXURE A2 TRUE COPY OF THE C.M.P NO. 2067/2020 ON THE FILES OF THE HON'BLE JFCM (TEMPORARY), SOUTH PARAVUR, KOLLAM.
ANNEXURE A3 CERTIFIED COPY OF THE ORDER DATED 06.11.2020 IN C.M.P.NO. 2067/2020 OF THE HON'BLE JFCM (TEMPORARY), SOUTH PARAVUR, KOLLAM.
//TRUE COPY// P.A. TO JUDGE