Mohammed, vs State of Kerala,

Type Court Judgment Court Kerala Decided Apr 26, 2019

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Citation: sooperkanoon.com/1888099
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Apr 26, 2019
Case Number: Crl.MC/2274/2019

Parties & Advocates

Appellant / Petitioner

Mohammed,

Respondent

State of Kerala,

Excerpt

.....state of kerala, represented by the public prosecutor, high court of kerala, ernakulam. other present: sri udayakumar k b -pp this criminal misc. case having come up for admission on 26.04.2019, the court on the same day passed the following: crl.mc.no. 2274 of 2019 2orderpetition filed under section 482 cr.p.c.2. against the order in crl.m.p.no.191 of 2019 in sc no.850 of 2011 arising out of crime no.81 of 2011 of pazhayannur police station, thrissur, the petitioner, who is the sole accused came up withthis application to modify the order dated 29.1.2019 by which the learned sessions judge directed return of the passport subject to the condition that the petitioner shall deposit an amount of rs. 2 lakhs. it is submitted by thelearned counsel that the petitioner has no money to meet the requirement and as such, the present application.3. heard the learned counsel for the petitioner and the learned public prosecutor.4. going by the proceedings pending against the petitioner, i am of the view that it is fit and crl.mc.no. 2274 of 2019 3proper to modify the conditions and instead of depositing an amount of rs.2 lakhs the petitioner shall produce two solvent sureties each for rs.2 lakhs and to execute bond along with the sureties.the sureties shall produce the solvency certificates before executing the bond before the trial court. the order passed by the learned sessions judge will stand modified accordingly. this crl.m.c is disposed of accordingly. sd/- p.somarajan, judge pm hand over/- crl.mc.no. 2274 of 2019 4 appendix petitioner's exhibits: annexure 1 true copy of the final report. annexure 2 true copy of the order on crl.m.c.no.8338/2018 dated 06.12.18. annexure 3 true copy of the order dated 29.01.2019 on crl.m.p.191/2019. respondent's exhibits: nil // true copy // pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 26TH DAY OF APRIL 2019 / 6TH VAISAKHA, 1941 Crl.MC.No. 2274 of 2019 AGAINST THE ORDER/JUDGMENT IN SC 850/2011 of III ADDITIONAL DISTRICT COURT, THRISSUR CRIME NO. 81/2011 OF Pazhayannur Police Station , Thrissur PETITIONER/ACCUSED: MOHAMMED, AGED 51 YEARS, S/O.HASSAN, CHEMBAYIL HOUSE, PULEEKKOOTTAM, VADAKKETHARA VILLAGE, PAZHAYANNUR, THRISSUR. BY ADVS. SRI.SAIJO HASSAN SMT.P.PARVATHY SMT.SURYA P SHAJI SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. SRI.U.M.HASSAN RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. OTHER PRESENT: SRI UDAYAKUMAR K B -PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2274 of 2019 2

ORDER

Petition filed under Section 482 Cr.P.C.

2. Against the order in Crl.M.P.No.191 of 2019 in SC No.850 of 2011 arising out of Crime No.81 of 2011 of Pazhayannur Police Station, Thrissur, the petitioner, who is the sole accused came up with

this     application            to     modify       the     order     dated
29.1.2019       by     which         the    learned       Sessions    Judge
directed       return     of     the       passport   subject        to   the
condition       that      the    petitioner         shall     deposit      an
amount of        Rs. 2 lakhs.               It is submitted by the

learned counsel that the petitioner has no money to meet the requirement and as such, the present application.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Going by the proceedings pending against the petitioner, I am of the view that it is fit and Crl.MC.No. 2274 of 2019 3

proper to modify the conditions and instead of depositing an amount of Rs.2 lakhs the petitioner shall produce two solvent sureties each for Rs.2 lakhs and to execute bond along with the sureties.

The sureties shall produce the solvency certificates before executing the bond before the trial court. The order passed by the learned Sessions Judge will stand modified accordingly. This Crl.M.C is disposed of accordingly. Sd/- P.SOMARAJAN, JUDGE pm Hand over/- Crl.MC.No. 2274 of 2019 4 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE 1 TRUE COPY OF THE FINAL REPORT. ANNEXURE 2 TRUE COPY OF THE ORDER ON CRL.M.C.NO.8338/2018 DATED 06.12.18. ANNEXURE 3 TRUE COPY OF THE ORDER DATED 29.01.2019 ON CRL.M.P.191/2019. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // PA TO JUDGE

Same Court & Year Kerala · 2019 Same Parties Mohammed, vs State of Kerala, Same Judge Honourable Mr. Justice P.Somarajan