IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945
CRL.MC NO. 7819 OF 2023
CMP 2867/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
ANGAMALY
PETITIONER/PETITIONER:
SUSHIL CHAPPAGAI
AGED 30 YEARS
S/O BISHNU PRASAD WARD NO.6, KAMALTAR, GAIKHUR GORKHA, NEPAL., PIN - 34000
BY ADV MEREENA.J.JOSEPH
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICE,
NEDUMBASSERY POLICE STATION.
ERNAKULAM DISTRICT
THROUGH THE PUBLIC PROSECUTOR.
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
OTHER PRESENT:
HRITWICK CS PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
-------------------------------- Crl.M.C. No.7819 of 2023 ---------------------------------------------- Dated this the 03rd day of October, 2023
ORDER
This Criminal Miscellaneous Case is filed challenging Annexure-A3 order, which is passed in Annexure-A2 application to lift condition Nos.(2) and (3) in the bail order dated 26.06.2023 in C.M.P.No.2029/2023. The conditions are to report before the Investigating Officer twice a week and not to leave State of Kerala without prior permission. The petitioner wanted to lift the conditions in connection with his ailment. The learned Magistrate dismissed the petition as per Annexure-A3 order. Aggrieved by the same, this case is filed.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. It will be better to extract the relevant portion of Annexure-A3 order:
"9. As stated, the accused was granted bail on 26.06.2023 and after one month, accused/petitioner filed this petition seeking to lift the conditions imposed on him while granting bail. Except making
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vague averments in the petition that he is having a tumor on his head and he has to undergo surgery, no medical records to prove his such claim, atleast, prima facie is produced by the petitioner along with the petition. Moreover, during hearing, I have enquired with the learned counsel for the accused what prevents the accused/petitioner from getting treatment from the Government Hospitals in Kerala, the learned counsel for the accused has not stated any satisfactory reply. The investigation is going on. There is every likelihood of accused absconding and not appearing before this court at the time of trial or after filing report, if bail conditions are relaxed, as sought in the petition. The allegation against the petitioner/accused that, he being a Nepal citizen, forged documents and produced the said forged documents as genuine and try to go to Sharja. Hence, the allegation against the accused/petitioner are grave in nature, which even effects the security of the country. Hence, considering all these facts, I am not inclined to lift the conditions imposed while granting bail to the petitioner/accused as sought in the petition, at this early stage. Hence petition dismissed."
4. From the above it is clear that the petitioner has not produced any documents to prove that a surgery is necessary. In such circumstances, I cannot say that the
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learned Magistrate erred in dismissing the petition. Now the petitioner produced Annexure-A1 medical records. But the same is not bring to the notice of the learned Magistrate and therefore this Court need not consider the same at this stage. In such circumstances, I think the petitioner can be allowed to file a fresh petition for lifting the conditions with supporting documents. To facilitate the learned Magistrate to pass fresh order, Annexure-A3 order can be set aside.
Therefore, this Criminal Miscellaneous Case is allowed in the following manner:.
1. Annexure-A3 order is set aside.
2. The petitioner is free to file a fresh petition along with supporting documents to lift condition Nos.(2) and (3) in the order dated 26.06.2023 in C.M.P. No.2029/2023, and if such a petition is filed, the learned Magistrate will consider the same and pass appropriate orders, in accordance with law.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
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APPENDIX OF CRL.MC 7819/2023
PETITIONER ANNEXURES
Annexure-A1 TRUE COPY OF THE MEDICAL RECORDS
PERTAINING TO THE TREATMENT OF THE
PETITIONER
Annexure-A2 TRUE COPY OF THE APPLICATION FILED BY
THE PETITIONER NUMBERED AS IN CMP
NO.2867/2023 IN CRIME NO.347/2023 OF
NEDUMBASSERY POLICE STATION ON THE
FILES OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT ANGAMALY DATED
9/8/2023
Annexure-A3 CERTIFIED COPY OF THE ORDER IN CMP NO.2867/2023 IN CRIME NO.347/2023 OF
NEDUMBASSERY POLICE STATION ON
THEFILES OF THE JUDICIAL FIRST CLASS
DATED 2/9/2023 MAGISTRATE COURT
ANGAMALY,
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