Citation : 2021 Latest Caselaw 13540 Ker
Judgement Date : 1 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
CRL.MC NO. 2671 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 68/2021 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - V, THIRUVANANTHAPURAM,
PETITIONER/ACCUSED NO.4:
ANAND VINCENT
AGED 31 YEARS
S/O. VINCENT, VALIYAVELI, POUNDKADAVU,
ATTIPRA VILLAGE, THIRUVANANTHAPURAM 695 581
BY ADV M.R.SARIN
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY REPRESENTED THROUGH THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682 031
2 THE INSPECTOR OF POLICE,
THUMBA POLICE STATION, THUMBA,
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031
SR.PP C.N PRABHAKARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.MC NO. 2671 OF 2021
2
ORDER
The petitioner, who is the 4th accused in Crime No.731/2020 of
Thumba Police Station registered for the offences punishable under
Sections 143, 147, 148, 149, 323, 324, 506(ii), 354 and 304 of the
Indian Penal Code, has approached this court to quash the
condition Nos. 5, 6 and 7 in Annexure A1 order and to enable him
to travel abroad to attend his job.
2. Heard the learned counsel for the petitioner as well the
learned Public Prosecutor.
3. Admittedly, the investigation of the case is only in
progress and the investigating agency has not submitted the final
report till date. The court below while granting bail has imposed
condition Nos.5, 6 and 7 which deprive him from traveling abroad
and even leaving Thiruvananthapuram Revenue District till the final
report is filed.
4. Having regard to the submission made by the learned
counsel for the petitioner and the learned Public Prosecutor, I find
that the court below can consider his request so as to enable him to CRL.MC NO. 2671 OF 2021
go abroad for eking out a living, considering the entire facts
involved in this case.
Hence, this Crl.M.C is disposed of giving liberty to the
petitioner to move before the Sessions Court for modifications in
the bail conditions imposed by the learned Additional District &
Sessions Judge while granting bail to him. If an application is
moved by this petitioner the same shall be considered on merits
and dispose of the same without any delay.
Sd/-
SHIRCY V.
JUDGE mpm CRL.MC NO. 2671 OF 2021
APPENDIX OF CRL.MC 2671/2021
PETITIONER ANNEXURE
ANNEXURE A1 TRUE COPY OF ORDER IN CRL MC 68/2021 BEFORE THE HON'BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE V, THIRUVANANTHAPURAM DATED 28-01-2021
ANNEXURE A2 TRUE COPY OF LETTER ISSUED BY MANAGING DIRECTOR FENCE CONTRACTING AND SERVICES CO. DOHA QATAR DATED 09-04-2021.
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