Xxxxx vs State Of Kerala
2021 Latest Caselaw 18324 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MRS. JUSTICE M.R.ANITHA
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                    CRL.MC NO. 3771 OF 2021
  AGAINST THE ORDER/JUDGMENT IN SC 363/2021 OF ADDITIONAL
               DISTRICT COURT, THRISSUR, THRISSUR
PETITIONER/ACCUSED:

         XXXXX
         X

         BY ADV RAJESH VIJAYAN


RESPONDENT/STATE:

         STATE OF KERALA,
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA,
         ERNAKULAM-682031.

         BY ADV.SEENA.C, PUBLIC PROSECUTOR


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CRL.M.C.NO.3771 OF 2021
                                  -2-



                                ORDER

This Crl.M.C has been filed by the sole accused in Crime

No.1007/2020 of Varantharappilly Police Station, aggrieved by the

order in Crl.M.P.No.1281/2021 in S.C.No.363/2021 of First

Additional Sessions Court, Thrissur.

2. When the matter came up for hearing, the learned

counsel for the petitioner would contend that as per Annexure A1

order, the petitioner is granted bail with certain conditions. But at

present, the victim and her mother are residing within the

jurisdiction of Mala police station.

3. The learned Public Prosecutor, on instruction, also

submit that the victim and her mother are presently residing

within the jurisdiction limits of Mala police station.

In Annexure-A1 bail order, there is a direction as per

condition No.5 to the Inspector of Police, Varantharappilly to

depute police officials regularly for surveillance at the place of

residence of the victim in order to ensure that the victim is safe

and is not subjected to any threat or influence from the side of the

petitioner/accused. Admittedly, during that time, the victim was

residing within the jurisdiction of the Varantharappilly police CRL.M.C.NO.3771 OF 2021

station and that may be the reason why, condition No.5 has been

prescribed. Since the victim is now residing within the jurisdiction

of Mala police station, there is no impediment for the petitioner in

going to his house at Varantharappilly. So it is hereby made clear

that his residence at Varantharappilly may not be hindered at the

instance of police officials in view of the above condition No.5 in

Annexure A1 order. It is also hereby made clear that the petitioner

is bound to observe the condition No.2 in Annexure A1 order.

With the above, this Crl.M.C. Stands disposed of.

Sd/-

M.R.ANITHA JUDGE nkr CRL.M.C.NO.3771 OF 2021

APPENDIX OF CRL.MC 3771/2021

PETITIONER ANNEXURE

Annexure A1 TRUE COPY OF THE ORDER DATED 31/03/2021 IN CR.MP NO.985/2021 IN SC NO. 363/2021 GRANTING BAIL TO THE PETITIONER.

Annexure A2 TRUE COPY OF THE ORDER IN CRL. MP 1281/2021 IN SC NO.363/2021 DATED 31/07/2021 PASSED BY HON'BLE ADDITIONAL SESSIONS JUDGE-.