Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID WEDNESDAY, THE6H DAY OF NOVEMBER201315TH KARTHIKA, 1935 Crl.MC.No. 3599 of 2013 () --------------------------- C.P NO. 1/13 OF C.J.M.COURT,TRIVANDRUM R.C.220/12E/CBI/EOU VI/EO1 NEW DELHI. CRIME NO. 1143/2011 OF PARASSALA POLICE STATION , THIRUVANANDTHAAPURAM PETITIONER(S)/ACCUSED3& 4: ------------------------------------------------------ 1. INAMULHAK, AGED20 S/O. ABDUL LATHIEF, RENKAYIPUR VILLAGE, HARISCHANDRAPUR.P.O., MALDA DISTRICT.
2. RAHUL AMEER, AGED20YEARS, S/O. JOR ALI, RENGAIPUR VILLAGE, BIDHOLAKHPUR.P.O., MALDA DISTRICT, WEST BENGAL. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENTS/RESPONDENTS/COMPLAINANT(S): ------------------------------------------------------ 1. STATE REPRESENTED BY THE INVESTIGATING OFFICER, CBI, TRIVANDRUM. R.C. 220/12E/CBI/EOU, VI/EO1NEW DELHI-9 (CR. NO. 1143/2011 OF PARASALA POLICE STATION) REPRESENTED BY C.B.I. PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. R1 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, C.B.I. R2 BY PUBLIC PROSECUTOR SRI RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0611-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3599 of 2013 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANX.A1: TRUE COPY OF THE ORDER
IN CMP.894/12 DATED311-2012. OF HON'BLE JFCM COURT II NEYYATTINKARA. ANX.A2.: TRUE COPY OF THE ORDER
OF HON'BLE CJM COURT,ERNAKULAM IN CRL. M.P.1908.13 DATED148-2013. RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ P.A TO JUDGE LSN HARUN-UL-RASHID, J.
- - - - - - - - - - - - - - - - - Crl. M.C No.3599 of 2013 - - - - - - - - - - - - - - - - Dated this the 06th day of November, 2013. ORDER
The petitioners are accused Nos. 3 and 4 in C.P No. 1/2013 of Chief Judicial Magistrate Court, Ernakulam. The offences alleged are punishable under Sections 489(B), 489(C) and 34 of IPC. The Judicial First Class Magistrate Court-II, Neyyattinkara vide Annexure-A1 order granted bail subject to conditions. It is submitted that all conditions, except condition No. 3 were deleted during crime stage. The third condition is that the petitioners shall not leave Thiruvananthapuram District without prior permission of the court. After completing investigation, the CBI filed Final Report before the Chief Judicial Magistrate Court, Ernakulam and the same was received into files as CP No. 1/2013. The petitioners filed CMP No. 1908/2013 before the Chief Judicial Magistrate Court, Ernakulam praying to lift the third condition. The Chief Judicial Magistrate Court, Ernakulam vide order dated 14.08.2013 dismissed the petition filed by the petitioner to modify/lift the bail condition. After considering the matter in detail, the learned Magistrate observed that if said condition is lifted, it would be difficult to get the attendance in the trial court. Crl. M.C No.3599 of 2013 2 3. In the reply statement filed by the CBI, it is inter alia contended that the said condition is lifted, it is difficult to get their attendance in trial court. It is also contended that the CBI apprehend that the petitioners may go to West Bengal thereby remaining out of reach of law. In the facts and circumstances of the case and having regard to the observations made by the learned Magistrate and the contentions raised by the CBI, this Court is not inclined to allow the prayer sought for by the petitioners. At the same time considering the fact that the petitioners are coolies, the restriction imposed in the order passed by the learned Magistrate that the accused cannot leave Thiruvananthapuram District without prior permission of the court requires modification. Therefore, the condition No. 3 is modified. The modified condition reads as follows: "the accused shall not leave the Kerala State without the prior permission of the said court.". The Crl. M.C is disposed of as above. HARUN-UL-RASHID, JUDGE. lsn