Nithin vs State Of Kerala
2021 Latest Caselaw 389 Ker

             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

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