Hyder vs State Of Kerala
2022 Latest Caselaw 4956 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
     WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                     CRL.MC NO. 2787 OF 2022
  AGAINST THE ORDER/JUDGMENT IN CMP 873/2022 OF DISTRICT COURT &
                    SESSIONS COURT, ERNAKULAM
PETITIONER/3RD ACCUSED:

          HYDER
          AGED 60 YEARS
          S/O. ABDUL KAREEM,
          THARAYIL HOUSE, VELLARAKKADU P.O.,
          VELLARAKKADU DESOM,
          KUNNAMKULAM TALUK, THRISSURE DISTRICT, PIN - 680604

          BY ADVS.
          K.P.S.JALALUDDEEN MOHMMED
          A.A.GEETHA
          VINAY JOHN.A.J


RESPONDENT/COMPLAINANT:

          STATE OF KERALA
          REPRESENTED BY STATION HOUSE OFFICER,
          ALUVA EAST POLICE STATION
          REPRESENTED THROUGH PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:

          ADV. ADV ARAVIND V MATHEW-PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 2787 OF 2022

                                       2


                     SOPHY THOMAS, J.
               ===========================
                     Crl.M.C.2787 of 2022
               ============================
                     Dated this the 4th day of May, 2022


                                   ORDER

This is a petition filed by the 3 rd accused in Crime

No.134/2022 of Aluva Police Station, registered under Section

341, 323, 324, 294(b) and 506 read with Section 34 of IPC. As

per Annexure 1 order, the petitioner was granted regular bail in

which the 7th condition was that he shall not leave Ernakulam

district without permission of the jurisdictional Court. The

petitioner belongs to Thrissur district. According to him, since

his family is at Thrissur, the 7 th condition is causing serious

problems to him.

2. Heard the learned counsel for the petitioner as well

as the Learned Public Prosecutor.

3. The learned counsel for the petitioner produced

Annexure 3 order to show that the other accused persons in the CRL.MC NO. 2787 OF 2022

same crime were granted anticipatory bail without any conditions

regarding leaving the limits of Ernakulam district. So the 7 th

condition is discriminatory and he wants to lift that condition.

4. Having considered the facts and circumstances, the 7 th

condition in Annexure 1 order is lifted.

Criminal M.C. is disposed of.

Sd/-

SOPHY THOMAS JUDGE ssa/ CRL.MC NO. 2787 OF 2022

APPENDIX OF CRL.MC 2787/2022

PETITIONER'S ANNEXURES

Annexure I A TRUE COPY OF THE ORDER IN CRL. M.C. NO.

598/2022 OF THE SESSIONS COURT, ERNAKULAM DATED 18.3.2022

Annexure II A TRUE COPY OF THE ORDER IN CRL.M.P NO.

873/2022 IN CRL.M.C. NO. 598/2022 ON THE FILE OF SESSIONS COURT, ERNAKULAM DATED 19.4.2022

Annexure III A TRUE COPY OF THE ORDER IN B.A. NO.

1843/2022 OF THIS HON'BLE COURT DATED 1.4.2022