Kerala High Court
Crl.MC/6598/2013 of ANES Vs STATE OF KERALA on 27 December 2013
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 27TH DAY OF DECEMBER 2013/6TH POUSHA, 1935 Crl.MC.No. 6598 of 2013 --------------------------- CMP NO. 9508/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,ATTINGAL CRIME NO. 1471/2013 OF ATTINGAL
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
FRIDAY, THE 27TH DAY OF DECEMBER 2013/6TH POUSHA, 1935
Crl.MC.No. 6598 of 2013
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CMP NO. 9508/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,ATTINGAL CRIME NO. 1471/2013 OF ATTINGAL POLICE STATION , THIRUVANANTHAPURAM
...
PETITIONER(S):ACCUSED:
---------------------------------------- ANES,S/O.ABDUL GAFFAR, AGED 30 YEARS, ARAFA MANZIL, KADAKKAL, KOLLAM DISTRICT.
BY SRI.K.JAJU BABU,SENIOR ADVOCATE ADV.SRI.BRIJESH MOHAN
RESPONDENTS/STATE & COMPLAINANT:
-------------------------------------------------------------
1.STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM -31.
2.THE SUB INSPECTOR OF POLICE,ATTINGAL POLICE STATION, THIRUVANANTHAPURAM - 695 101.
R1 & R2 BY PUBLIC PROSECUTOR SRI.P.S.SAJEEV
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6598/2013
APPENDIX
PETITIONER'S ANNEXURE:
ANNEX.A1:
COPY OF THE ORDER DATED 20/12/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, ATTINGAL IN CMP NO.9508/2013.
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RESPONDENT'S ANNEXURES:N I L
/TRUE COPY/P.A.TO JUDGE
Kss
A.V.RAMAKRISHNA PILLAI, J.
-------------------------------------------------- Crl.M.C.No.6598 of 2013
--------------------------------------------------- Dated this the 27th day of December, 2013
O R D E R
The petitioner is the accused in Crime No.1471 of 2013 of Attingal Police Station on the file of the Judicial First ClassMagistrate Court-1, Attingal. The crime has been registeredalleging offences punishable under Section 420 of the IndianPenal Code.
2. On 20.12.2013, the learned Magistrate granted bail tothe petitioner subject to certain conditions. One of theconditions is that the petitioner shall appear before theInvestigating Officer on all Saturdays between 10 am. and 12noon until further orders. The learned counsel for the petitionerwould submit that no offence of cheating is involved and thematter relates to a contractual obligation. The petitioneralleges that he will have to leave for China within a week tofulfil certain other contractual undertaking by him. Therefore,he prays for lifting of 2nd condition.
3. The learned counsel for the petitioner submitted that lifting of the aforesaid condition can be limited for a period offour weeks so that the petitioner shall be able to perform his Crl.M.C.No.6598 of 2013
contractual obligations.
4. In the light of the entire facts and circumstances of thecase, the petition is disposed of lifting condition No.2 inAnnexure-A1 bail order for a period of four weeks from today.After the expiry of the aforesaid period, the petitioner shallappear before the learned Magistrate and shall comply with theconditions in the bail order thereafter.
A.V.RAMAKRISHNA PILLAI
JUDGE
mns/
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