Jose Thomas vs. State Of Kerala

Crl.MC/5201/2024HC KeralaGSTCNR KLHC01115558202425 July 2024Bench: HONOURABLE MR.JUSTICE C.S.DIAS5 pages
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Held

The High Court set aside the Magistrate's order, allowing the petitioner's application. It lifted the territorial restriction, noting the petitioner's consistent compliance with bail conditions and that the investigation in the case was practically complete.

Facts

The petitioner, granted bail with a condition restricting him from leaving the territorial jurisdiction of Thrissur without prior court permission, sought to modify this condition. His application to the Chief Judicial Magistrate, Thrissur, was dismissed, despite his financial consultancy business being in Ernakulam and his compliance with other bail conditions for four months.

Key Issues

Whether a bail condition restricting an accused's territorial movement should be modified or lifted, considering the accused's compliance with other conditions, the stage of investigation, and the practical hardships faced.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 25TH DAY OF JULY 2024 / 3RD SRAVANA, 1946 CRL.MC NO. 5201 OF 2024 CRIME NO.195/2023 OF Town East Police Station, Thrissur ORDER/JUDGMENT DATED 22.05.2024 IN CRMP NO.5196 OF 2024 OF CHIEF JUDICIAL MAGISTRATE, THRISSUR ----------------- PETITIONER/ACCUSED No.4 :- JOSE THOMAS, AGED 40 YEARS S/O.V.M.THOMAS FLAT NO.1, 29/401/1, DAMODAR APARTMENT, KUNNATHU LANE, NEAR THIRUVAMBADY TEMPLE MOONUKKUTY, THRISSUR, PIN - 680 001 BY ADVS. C.S.MANU DILU JOSEPH C.A.ANUPAMAN T.B.SIVAPRASAD C.Y.VIJAY KUMAR MANJU E.R. ANANDHU SATHEESH ALINT JOSEPH PAUL JOSE DAINY DAVIS RESPONDENT/COMPLAINANT :- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031 BY SMT.SEETHA S., SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 5201 OF 2024 -: 2 :-

Dated this the 25 th day of July

, 202

4 The petition is filed to quash Annexure A9 order passed by the court of the Chief Judicial Magistrate, Thrissur and set aside the condition No.(v) in Anne

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