Kerala High Court

Crl.MC/11268/2023 of Hossain Jamader Vs STATE OF KERALA on 29 December 2023

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 CRL.MC NO. 11268 OF 2023 CRIME NO.1447/2023 OF ALUVA EAST POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT CMP 3462/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT

THE HONOURABLE MR. JUSTICE G.GIRISH

FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945

CRL.MC NO. 11268 OF 2023

CRIME NO.1447/2023 OF ALUVA EAST POLICE STATION, ERNAKULAM

AGAINST THE ORDER/JUDGMENT CMP 3462/2023 OF JUDICIAL MAGISTRATE OFFIRST CLASS -I, ALUVA

PETITIONER/ACCUSED:

HOSSAIN JAMADER AGED 26 YEARSMAHESHTALA, SOUTH 24 PARGANAS, WEST BENGAL, PIN – 700 142

S/O NOOR HUSSAIN, SAMTHOSHPUR, BAIDYAPARA, BY ADVS.P.A.MOHAMMED ASLAMSHAHIN BADUSHAE.B.THAJUDDEENSARATH SASIABDUL SAMAD P.B.MIDHUN MOHAN

RESPONDENT/COMPLAINANT:

STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682 031

SRI.SANGEETHRAJ N.R, SR. PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON29.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

G.GIRISH.J

------------------------------------------------------- Crl.M.C.No.11268 of 2023

-------------------------------------------------------- Dated this the 29[th] day of December, 2023

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ORDER

Heard the learned counsel for the petitioner. The petitioner is the accused in Crime No.1447/2023 of Aluva East Police Station in connection with the commission of offenceunder Section 511 of 380 IPC.

2. The learned JFCM-I, Aluva has passed an order dated13.11.2023 in CMP.No.3462/2023 of that Court granting bail to the petitioner subject to 8 conditions. The condition No.8 isthat the petitioner shall produce ID proof to prove the addressof the petitioner. Now that, it is contended that thepetitioner is not in a position to produce his original ElectoralIdentity Card since the purse in which it was being kept, is missing after his arrest in connection with this crime. In the above circumstances, the petitioner seeks a modification of condition No.8 in the order dated 13.11.2023 in CMP.No.3462/2023 of the Judicial First Class Magistrate Court-I, Aluva.

3. A request in the above regard is said to have beendeclined by the learned Magistrate as per order dated 14.11.2023 in CMP No.3563/2023.

4. Having regard to the facts revealed from the recordsof the case, as well as the submissions at the Bar, I am of the view that condition No.8 in the order dated 13.11.2023 of the learned Magistrate, is liable to be modified to the extent of permitting the petitioner to produce printed copy of hiselectoral identity card downloaded from Website of ElectionCommission as proof of identity.

5. In the result, the Crl.M.C. stands allowed as follows; The condition No.8 in the order dated 13.11.2023 inCMP.No.3462/2023 of Judicial First Class Magistrate Court- I, Aluva is modified permitting the petitioner to produce theprinted copy of his electoral identity card downloaded fromWebsite of Election Commission, as proof of his identity.

Issue order accordingly.

Sd/-

sn

G.GIRISHJUDGE

APPENDIX OF CRL.MC 11268/2023

PETITIONER’S ANNEXURES

Annexure A1

CERTIFIED COPY OF THE ORDER IN C.M.P NO 3462 OF 2023 DATED 13-11-2023

Annexure A2CERTIFIED COPY OF THE ORDER IN C.M.P NO 3563 OF 2023 DATED 14-11-2023

Annexure A3

TRUE COPY OF THE ORIGINAL IDENTITY CARD

RESPONDENT’S ANNEXURES : NIL

//TRUE COPY// PA TO JUDGE

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