Justin vs State Of Kerala
2024 Latest Caselaw 32690 Ker

Citation : 2024 Latest Caselaw 32690 Ker
Judgement Date : 12 November, 2024

Kerala High Court

Justin vs State Of Kerala on 12 November, 2024

Author: K. Babu

Bench: K. Babu

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE K. BABU
        Tuesday, the 12th day of November 2024 / 21st Karthika, 1946
                CRL.M.APPL.NO.2/2024 IN CRL.A NO.452 OF 2024
               CRMP 803/2024 OF THE SESSIONS COURT, ALAPPUZHA
APPLICANT/APPELLANT:

     JUSTIN,AGED 40 YEARS, S/O.JACOB, KUNNELLAKKADU HOUSE, EZHUPUNNA
     SOUTH P.O., KODAMTHURUTH, CHERTHALA,
     ALAPPUZHA DISTRICT, PIN - 688533.

RESPONDENTS/RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA, PIN - 682031.
  2. THE STATION HOUSE OFFICER, KUTHIYATHODE POLICE STATION,
     KUTHIYATHODE.P.O., THURAVOOR, ALAPPUZHA DISTRICT, PIN - 688533.
  3. MAJEESH,S/O.SIVADASAN, NIKARTHIL HOUSE, KODAMTHURUTH P/W-2,
     EZHUPUNNA SOUTH P.O., ALAPPUZHA DISTRICT, PIN - 688550.


     Application praying that in the circumstances stated therein the
High Court be pleased to lift the condition No.iii in the judgment that
the appellant shall not enter the limits of the Kuthiyathode Police
Station till the trial in S.C.No.1346 of 2023 is completed.


     This Application coming on for orders upon perusing the application
and this Court's judgment dated 19.06.2024 and upon hearing the arguments
of M/S.DINESH MATHEW J.MURICKEN, VINOD S. PILLAI, NAYANA VARGHESE,
MOHAMMED THAYIB N.M., RIA VARGHESE, JERRY PETER, Advocates for the
petitioner and of the PUBLIC PROSECUTOR for the 1st respondent, the Court
passed the following:




                                                                       P.T.O.
                                 K.BABU, J.
             -----------------------------------------------
                         Crl.M.A.No.2 of 2024 in
                        Crl.A.No. No.452 of 2024
                 -----------------------------------------------
          Dated this the 12th day of November, 2024

                                 ORDER

This is an application seeking modification of

condition No.(iii) imposed by this Court while granting

bail to the petitioner.

2. It is submitted that the Trial Court has

scheduled the case for framing charges to 17.02.2025,

and therefore, there is no possibility of completing the

trial in the near future. The learned counsel for the

petitioner submits that the condition restraining him from

entering into the limits of Kuthiyathode Police Station,

where his house is situated, causes difficulties to him.

3. In view of the submissions, the following

modifications are made in the conditions imposed as per

the judgment dated 19.06.2024 :-

(a) Condition No. (iii) stands deleted.

(b) Condition No.(iv) is modified as follows:-

Crl.M.A.No.2 of 2024 in

..2..

The appellant shall appear before the SHO,

Kuthiyathode Police Station, Alappuzha, on all

Sundays between 10.00 and 11.00 a.m., till the

trial in S.C.No.1346 of 2023 is completed.