Geetha Bai T v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 Crl.MC.No. 1894 of 2015 ------------------------- IN C.C NO.249/2014 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM CRIME NO. 505/2014 OF MUSEUM POLICE STATION, THIRUVANANDAPURAM PETITIONER/ACCUSED:

------------------- GEETHA BAI.T, AGED 62 YEARS 'THIRUVATHIRA', T.C 3/2542-I, PLAMOODU, PATTOM, THIRUVANANTHAPURAM.

BY ADVS.SRI.GOPAKUMAR R.THALIYAL SRI.R.B.RAJESH RESPONDENT/STATE:

----------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY SR.PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1894 of 2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE I: COPY OF THE ORDER DATED 3.6.2014 IN B.A NO.2942/2014. RESPONDENT'S ANNEXURES:

NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- Crl.M.C No.1894 of 2015 --------------------------------------- Dated this the 24th day of March, 2015 O R D E R The petitioner herein is a senior citizen. She is the sole accused in Crime No.505/2014. The case is now pending as C.C No.249/2014 before the Chief Judicial Magistrate Court, Thiruvananthapuram. During investigation she was granted bail by this Court on certain conditions. One condition is that she shall surrender her passport before the learned Magistrate. Now the petitioner wants to go abroad to meet her children there. This is not all to settle there permanently. She just wants to meet her children, and come back. She wants the passport for the said purpose.

2.

On hearing the learned counsel, I find that the petitioner will have to approach the trial court for necessary relief. It is submitted that the learned Magistrate orally declined the request, saying that the condition was imposed by this Court. The spirit of the condition (e) is that if proper grounds are there, the learned Magistrate can permit the petitioner to leave Kerala. If she wants to go abroad, her passport can be released for the

Crl.M.C No.1894 of 2015 said purpose. If the petitioner's request is genuine, and if she undertakes before the court by affidavit that she will come back, her request can be allowed by the learned Magistrate for a reasonable period, and the passport can be released to her. With these observations this Criminal Miscellaneous Case is closed.

P.UBAID JUDGE ab