Priyadharshini vs The State Of Kerala
2021 Latest Caselaw 23767 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                        THE HONOURABLE MR. JUSTICE K.HARIPAL
           TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                                CRL.MC NO. 5555 OF 2021
                 (CRIME NO. 1416 OF 2021 OF PANANGAD POLICE STATION)
AGAINST THE ORDER/JUDGMENT IN CMP 2894/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS
                                         -II, KOCHI
PETITIONER/ACCUSED:


             PRIYADHARSHINI
             AGED 32 YEARS
             W/O SAJAN, DOOR NO 120, MEENAKSHI AMMAN THERUVU, MADURAI, TAMIL
             NADU.

             BY ADV BABU S. NAIR



RESPONDENTS/STATE & DE FACTO COMPLAINANT:


     1       THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM, KOCHI, PIN-682 031.

     2       THE STATION HOUSE OFFICER,
             THOPPUMPADY POLICE STATION, ERNAKULAM DISTRICT, PIN-682 005.

OTHER PRESENT:


             ADV.C.S.HRITHWIK (SR. GP)




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No. 5555 OF 2021
                                  2

                               ORDER

Petitioner is the sole accused in Crime No. 1795 of 2021 of

Thoppumpady police station, renumbered as Crime No. 1416 of 2021

of Panangad police station, pending before the Judicial First Class

Magistrate's Court-VIII, Ernakulam which was registered alleging

offence punishable under Section 380 of the IPC.

2. It is alleged that the petitioner was caught red-handed while

pickpocketing a co-passenger while travelling in a bus. he was arrested

and the stolen money along with the purse were seized from her

possession and was produced before Court on 26.10.2021 and since

then she is in judicial custody. During custody she committed one

more mischief by consuming toilet lotion.

3. After hearing counsel on both sides by Annexure-A order, the

Judicial First Class Magistrate Court-II, Kochi granted her bail

imposing conditions, among other things that she shall produce

records, like adhaar card, electoral identity card, bank passbook with

photograph, etc showing her full name and address, or she shall

produce a certificate having her photo from her local SHO verifying

her name and address. The learned counsel submits that she is a

nomadic type person. She does not possess an adhaar card or electoral Crl.M.C.No. 5555 OF 2021

identity card and that imposing such a condition causes considerable

hardships to her, if that condition is not deleted, she may not be able to

be released on bail.

4. According to the learned Senior Public Prosecutor, on enquiry

in the address given by her at Meenakshi Amman Theruvu at Madurai,

it came out that there is no such address and if he is released on bail

she would abscond and ensuring her presence for the trial will be

impossible.

5. After hearing counsel on both sides, it is only appropriate that

the said clause in the bail order shall be substituted with a condition

that she shall make a security deposit of Rs. 25,000/- (Twenty five

thousand rupees only) which shall be refundable to her on the

termination of the proceedings. It is made clear that if she absconds at

any stage necessitating to take coercive steps, the amount shall stand

forfeited.

The Criminal Miscellaneous Case is disposed of as above.

Sd/-

K. HARIPAL JUDGE RMV/30/11/2021 Crl.M.C.No. 5555 OF 2021

APPENDIX OF CRL.MC 5555/2021

PETITIONER ANNEXURE

Annexure A CERTIFIED COPY OF THE ORDER PASSED BY THE J.F.C.M II KOCHI IN CMP NO 2894/2021 DATED 29.10.2021