The Supreme Court on Monday granted permission to People's Democratic Party (PDP) chairman Abdul Nasar Madani to stay in his hometown of Kollam. The court also said in its ruling that he needed to appear at the local police station every 15 days.
The division Bench of Justice A S Bopanna and Justice M M Sundresh relaxed the bail condition previously imposed, allowing him to reside in his hometown in Kollam, Kerala. However, he is required to report to the nearest Police Station in Kollam every 15 days.
Senior Advocate Kapil Sibal, assisted by Advocate Haris Beeran, appearing for Maudany informed the Court that the trial was over and that there was no reason for Maudany to continue to stay in Bangalore.
“He’s in a wheelchair, his leg is amputated, there’s a kidney transplant. His mother died, now his father is ill. The trial is over, arguments are going on. They themselves say that it’ll take two years for the arguments. There are many accused.” Sibal submitted before the Court.
“At this stage, it is brought to our notice that the examination of witnesses has been completed and the matter is being argued before the court concerned, but arguments could proceed for sometime. Keeping in view the fact that at present, the presence of applicant would not be required on a hearing date, we deem it appropriate to grant the modification sought for. Hence, in modification of the order dated 11.07.2014, we permit the applicant to travel to his hometown in Kerala and reside there. However, to ensure that the applicant is adhering to all other requirements, we direct that the appellant will report to the Station House Officer of the nearest police station in Kollam district, once in 15 days.
However, if the applicant is to attend to his medical needs and is to be away from Kollam district, he shall report to the Kollam police and go to such place as he desires. If any details are required, the jurisdictional court in Bangalore is permitted to seek for such details from the police station in Kollam district. With the said modification and subject to the applicant adhering to all other conditions, the application is disposed. “ the Court dictated in its order.
The counsel for the State of Karnataka said that the State is strongly opposed to the application. However, Justice Bopanna asked the Counsel for the State of Karnataka “If his presence is not required, what is the issue?"
Earlier, the Apex Court had relaxed Maudany's bail condition to allow him to visit his ailing parents in Kerala, till 8th July.
"Looking to the applicant’s own medical condition as well as his ailing parents who are residing in the State of Kerala, as an interim measure, consider it appropriate to order that the applicant be allowed to visit the State of Kerala for a period upto 8th July, 2023 to meet his ailing parents accompanied by the Karnataka Police Escort and return in the same manner", a Bench of Justices Ajay Rastogi and Bela Trivedi had previously ordered.
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