Xxxxx vs State Of Kerala
2021 Latest Caselaw 23125 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
             THE HONOURABLE MRS. JUSTICE M.R.ANITHA
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                      CRL.MC NO. 3710 OF 2021
    AGAINST THE ORDER/JUDGMENT IN CMP 298/2020 OF ADDITIONAL
   DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN &
                       CHILDREN), ERNAKULAM
PETITIONER/ACCUSED:

          XXXXX
          X
          BY ADV K.S.DHANESH KUMAR


RESPONDENT/COMPLAINANT:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA AT ERNAKULAM
          REP BY INSPECTOR OF POLICE THRIKKAKARA POLICE
          STATION,
          ERNAKULAM DISTRICT.


          BY ADV. RENJIT GEORGE, PUBLIC PROSECUTOR



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.NO.3710 OF 2021
                                       -2-



                                    ORDER

This Crl.M.C. has been filed for lifting bail condition No.6 in

C.M.P.No.298/2020 dated 04.06.2020, which reads as follows:

"The accused shall not reside within the Trikkakara

police station limit, wherein, the victim is residing along

with her family, till the trial is over."

2. According to the petitioner, he is a black smith and is

doing patch work of damaged vehicle. Most of his works come from

Trikkakara police station limit. Presently, he is residing at Eramallur

in a lodge, where he is not getting any work. He is not getting any

permanent room without doing any work and having any income.

So, the present petition is filed to lift condition No.6, so as to

permit him to reside within the Trikkakara police station limit. .

3. Heard both sides.

4. The learned counsel for the petitioner would contend

that he will not enter into the house of the victim or in the vicinity

where the victim and parents reside.

In the said circumstances, taking into account the nature of

the offence alleged to have been committed by the petitioner, I

find it just and proper to modify condition No.6 to the extent as Crl.M.C.NO.3710 OF 2021

follows:

"The petitioner can reside in Trikkakara police station limit

without going either to the house or in the vicinity of the house

where the victim resides".

This Crl.M.C. disposed of as above.

Sd/-

M.R.ANITHA JUDGE nkr/24.11.2021 Crl.M.C.NO.3710 OF 2021

APPENDIX OF CRL.MC 3710/2021

PETITIONER ANNEXURE

Annexure 1 CERTIFIED COPY OF THE ORDER DATED 04/06/2020 OF HONBLE ADDL., DISTRICT & SESSIONS, COURT (SPECIAL COURT FOR POSCO CASES), ERNAKULAM, IN C.M.P. 298/2020.

Annexure 2 CERTIFIED COPY OF THE ORDER DATED 17.11.2020 OF HONBLE ADD. DISTRICT & SESSIONS COURT (SPECIAL COURT FOR POCSO CASES), ERNAKULAM IN C.M.P. 562/2020.