Citation : 2024 Latest Caselaw 31213 Ker
Judgement Date : 1 November, 2024
CRL.MC NO. 717 OF 2019 2024:KER:81626
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
CRL.MC NO. 717 OF 2019
CRIME NO.252/2018 OF Karikottakari Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED 19.01.2019 IN CRMC
NO.7 OF 2019 OF DISTRICT COURT & SESSIONS COURT,THALASSERY
PETITIONERS:
1 RAVIKUMAR
AGED 28 YEARS
S/O. VEDIYAPPAN, 4/163, VEPPILAPATTI,
KETHUREDIPATTI P.O, PAPPIREDIPATTI DHARMAPURI
DISTRICT, TAMILNADU.
2 GANESHAN,
AGED 27 YEARS
H.NO.53,VEPPILAPATTI, KETHUREDIPATTI P.O,
PAPPIREDIPATTI DHARMAPURI DISTRICT, TAMILNADU.
BY ADVS.
K.MOHANAKANNAN
SMT.T.V.NEEMA
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH
COURT OF KERALA, ERNAKULAM 682 012
SRI.RENJITH.T.R, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR FINAL
HEARING ON 01.11.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 717 OF 2019 2024:KER:81626
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C.No. 717 of 2019
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Dated this the 1st day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed with following
prayers:
"To call for the records leading to Annexure.A2 and 2nd condition in Annexure.A2 to the effect that "they should furnish the landline number of the said residents in order to make sure to the police that they are available in the place" and orders may be passed accordingly." [SIC]
When this Criminal Miscellaneous Case came up for
consideration, on 31.01.2019 this court passed the following
order:
"The petitioners herein are the accused in Crime No.252 of 2018 of the Karikottakari Police Station, registered under Sections 120B, 114, 302, 201 r/w. Section 34 of the IPC.
2. By imposing stringent conditions, they were granted regular bail on 11.1.2019. Seeking relaxation of the conditions, an application was filed. The said application was allowed and the petitioners were directed to furnish landline numbers of their place of CRL.MC NO. 717 OF 2019 2024:KER:81626
residence in order to ensure their presence in Kannur district. They seek modification of the said condition.
3. The learned counsel appearing for the petitioners submitted that the petitioners are residing in a premise owned by the Chembadan Rameshan, Laksham Veedu, Near Athiyar Kavu, Cheruvancherry P.O., Kannur District, Kerala, and the said house is not equipped with a land-line connection. The learned counsel prays that necessary directions be issued.
4. I have considered the submissions advanced and have perused the order passed by the learned Sessions Judge. To ensure their presence at the time of trial, very stringent conditions have been imposed. The condition to furnish landline number, in the facts and circumstances, can be exempted.
This application will stand allowed. Condition No.2 in Annexure-A2 order dated 19.1.2018 in Crl.M.P. No.385 of 2019 in Crl.M.C. No.7 of 2019 is vacated. All the other conditions are remained as such."
In the light of the above order, no further directions are
necessary. Recording the order dated 31.01.2019, this
Criminal Miscellaneous Case is disposed of.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE NM CRL.MC NO. 717 OF 2019 2024:KER:81626
PETITIONER'S ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER IN CRIMINAL M.C 7/2019 OF COURT OF SESSION, THALASSERI DATED 11-1-2019
ANNEXURE A2 TRUE COPY OF THE ORDER PASSED BY THE COURT OF SESSION, THALASSERI IN CRIMINAL MP 385/2019 IN CRL.M.C 7/2019 DATED 19-1-
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