Kerala High Court
Olorumfemi Benjemin Baba Femi vs State Of Kerala on 7 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943
Crl.MC.No.658 OF 2021(B)
AGAINST THE ORDER/JUDGMENT IN CRMP 123/2020 OF JUDL. MAGI. OF
FIRST CLASS-III, KOTTAYAM
CRIME NO.1298/2018 OF Kottayam West Police Station , Kottayam
PETITIONER/S:
OLORUMFEMI BENJEMIN BABA FEMI,
AGED 44 YEARS,
S/O. OLORUMFEMI, OVEWOLE ROAD STREET, AGEGE DISTRICT,
LAGOS STATE, NIGERIA.
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
SHRI.VIVEK.P.K
RESPONDENT/S:
1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
2 STATION HOUSE OFFICER,
KOTTAYAM WEST POLICE STATION, KOTTAYAM-686013.
ADDL*3 **UNION OF INDIA,
REP BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS,CENTRAL SECRETARIAT,
NEW DELHI-110001
(IMPLEADED AS ADDL R3 AS PER ORDER DATED 26/3/2021 IN
CRL.MA 2/2021 IN CRL.M.C.NO.658/2021)
R1 & R3 BY SMT.MAYA M.N., PUBLIC PROSECUTOR
R2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.658 OF 2021
2
ORDER
Dated this the 7th day of May 2021
This Crl.M.C is filed challenging condition Nos.2,3
and 4 in Annexure A1 order of bail. The petitioner is
a foreign national. In order to ensure his presence
for facing the trial, several conditions were imposed
while granting bail. Though learned Counsel for the
petitioner sought modification to conditions 2, 3 and
4, I am of the opinion that there is no reason to
modify conditions 3 and 4, which had been imposed by
the learned Magistrate while granting bail. However,
condition No.2 requires that a political or diplomatic
agent of the country to which the petitioner belongs
shall execute a bond for an amount of Rs.6 lakhs. It
is settled law that conditions imposed by the Court
while granting bail should be those which are
necessary, just and fair and unreasonable and unfair
conditions shall not be imposed while granting bail
(See Okowe Chigozie Collins vs. State of Kerala
[reported in] 2015 (4) KHC 450).
2. In that view of the matter, I am of the opinion
Crl.MC.No.658 OF 2021
that condition No.2 in Annexure A1 order can be
deleted. Accordingly, it is ordered that, on the
petitioner complying with all other conditions except
condition No.2 of Annexure A1 order, he shall be
released on bail as ordered in Annexure A1. In case
the petitioner violates any condition while on bail, it
shall be open to the investigating agency to apply to
the concerned court to cancel the Bail.
The Crl.M.C is disposed of accordingly.
Sd/-
GOPINATH P.
JUDGE
uu
07.05.2021
Crl.MC.No.658 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE ORDER DATED 24.1.2020 IN
CRL.MP.NO.123 OF 2020 ON THE FILES OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-III,
KOTTAYAM.
ANNEXURE A2 THE TRUE COPY OF ORDER DATED 1.10.2020 OF
HIGH COURT OF KERALA IN CRL.M.C.NO.3383 OF
2020.
ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED 21.1.2021
OF THE HON'BLE SESSIONS COURT, KOTTAYAM IN
CRL.M.P.NO.438 OF 2020.
