Nimesh, vs Sub Inspector of Police, Shornur Police Station

Type Court Judgment Court Kerala Orders Decided Jan 24, 2019

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Citation: sooperkanoon.com/1854199
Court: Kerala Orders High Court
Judge: Honourable Mrs. Justice Mary Joseph
Decided On: Jan 24, 2019
Case Number: Crl.MC/613/2019

Parties & Advocates

Appellant / Petitioner

Nimesh,

Respondent

Sub Inspector of Police, Shornur Police Station

Excerpt

.....conditions. the 1 st and 3rd among the conditions were extracted herein below.“i) the petitioner shall be released on bail upon execution of bond for rs.1,00,000/- (rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of this court and shall also deposit a sum of rs.50,000/- (rupees fifty thousand only) as cash security simultaneous to the execution of bail bond.ii) he shall surrender his passport if any before the crl.mc.no.613 of 2019 3 court while executing bail bond or file affidavit in the event he does not hold passport duly certified after due verification in that regard by the s.i of police within whose territorial limits the petitioner resides”.3. the grievance of the petitioner was that, the cashdeposit of rs.50,000/- directed to be deposited vide condition no.1 of the annexure a1 order is on the higher side and seeks for a modification or deletion of the said amount. secondly, the grievance raised was that the affidavit sought to be filed for want of a passport for him was directed to be duly verified by the s.i of police within whose territorial jurisdictional limits he is residing. according to the petitioner, the court below is perfectly unjustified in imposing such a condition. the same is required to be set aside.4. it seems from annexure a1, the order underchallenge, that it was passed on 17.12.2018. as revealed from the order, the direction to deposit rs.50,000/- and to file an affidavit in case he does not possess a passport are meant to be complied with immediately. no time limit was granted as per the order for complying with the aforesaid conditions. it seems that the petitioner has approached this court by filing this application seeking the prayers as above only on 22.01.2019, after about more than 1 1/2 months. i do not find any reason in crl.mc.no.613 of 2019 4 the aforesaid circumstances to interfere with the impugnedorder.in the result, the crl.m.c. stands dismissed. sd/- mary joseph judge nab.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH THURSDAY ,THE 24TH DAY OF JANUARY 2019 / 4TH MAGHA, 1940 Crl.MC.No.613 of 2019 AGAINST THE ORDER IN CRL.M.C 3416/2018 of THE SESSIONS COURT, PALAKKAD DATED 17-12-2018 PETITIONER/ACCUSED:
NIMESH, AGED 26 YEARS S/O. ROY THOMAS, CHITTILAPALLY, KOZHUKULLY, POOCHATTI, MANNUTHI, TRICHUR DISTRICT. BY ADVS. SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S. RESPONDENTS/COMPLAINANT: 1 SUB INSPECTOR OF POLICE, SHORNUR POLICE STATION SHORNUR POLICE STATION, SHORNUR P.O., PALAKKAD DISTRICT. 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. BY SRI. C.K. PRASAD PUBIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.613 of 2019 2

ORDER

In this petition, the following reliefs are sought by the petitioner :-

“ i) To call for the records relating to Annexure No.1 order

dated 17/12/2018 in Crl.M.C 3416 of 2018 in the Court of Sessions at Palakkad and quash, delete or modify the conditions no.1 and 3 that is deposit of Rs.50,000/- and surrendering the passport if any before the court while executing bail bond or file affidavit in the event he does not hold passport duly certified after due verification in that regard by the S.I of Police within whose territorial limits the petitioner resides for securing the ends of justice.

i) Stay the conditions no.1 and 3 in Annexure No.1

order dated 17/12/2018 in Crl.M.C 3416 of 2018 in the

Court of Sessions at Plakkad, till the disposal of above Crl.M.C. ii) Such other relief or reliefs or may be merged at the term of hearing."

2. Condition Nos.1 and 3 in Annexure A1 order are

sought to be quashed or deleted or modified. The petitioner is the sole accused in Crime No.592 of 2018 of Shornur Police Station. He has obtained bail vide order dated 17.12.2018 subject to certain conditions. The 1 st and 3rd among the conditions were extracted herein below.

“i) The petitioner shall be released on bail upon execution of bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of this court and shall also deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) as cash security simultaneous to the execution of bail bond.

ii) He shall surrender his passport if any before the Crl.MC.No.613 of 2019 3 court while executing bail bond or file affidavit in the event he does not hold passport duly certified after due verification in that regard by the S.I of Police within whose territorial limits the petitioner resides”.

3. The grievance of the petitioner was that, the cash

deposit of Rs.50,000/- directed to be deposited vide condition No.1 of the Annexure A1 order is on the higher side and seeks for a modification or deletion of the said amount. Secondly, the grievance raised was that the affidavit sought to be filed for want of a passport for him was directed to be duly verified by the S.I of Police within whose territorial jurisdictional limits he is residing. According to the petitioner, the court below is perfectly unjustified in imposing such a condition. The same is required to be set aside.

4. It seems from Annexure A1, the order under

challenge, that it was passed on 17.12.2018. As revealed from the order, the direction to deposit Rs.50,000/- and to file an affidavit in case he does not possess a passport are meant to be complied with immediately. No time limit was granted as per the order for complying with the aforesaid conditions. It seems that the petitioner has approached this Court by filing this application seeking the prayers as above only on 22.01.2019, after about more than 1 1/2 months. I do not find any reason in Crl.MC.No.613 of 2019 4 the aforesaid circumstances to interfere with the impugned

order.

In the result, the Crl.M.C. stands dismissed. Sd/- MARY JOSEPH JUDGE NAB Crl.MC.No.613 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE - A1 CERTIFIED COPY OF THE ORDER DATED THE COURT OF SESSIONS AT PALAKKAD. RESPONDENTS EXHIBITS: NIL //TRUE COPY// P A TO JUDGE

Same Court & Year Kerala Orders · 2019 Same Parties Nimesh, vs Sub Inspector of Police, Shornur Police Station Same Judge Honourable Mrs. Justice Mary Joseph