Allowed

Abdul Gafoor v. State of Kerala

Kerala HC24 Feb 2012Crl.MC/530/2012

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 CrPC. Finding merit that the petitioner, an accused abroad with an expiring visa, would face irreparable hardship if the passport remained detained, the Court directed the release of the passport on stringent conditions to ensure presence for trial.

What did the court decide?

Passport released for three months on conditions: bond with two sureties, certified copy substitution, furnished address/embassy details, and re-presentation by 25-06-2012.

Abdul Gafoor Vs State of Kerala — Writ and Judicial Review | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

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FRIDAY, THE 24TH DAY OF FEBRUARY 2012/5TH PHALGUNA 1933

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Crl.MC.No. 530 of 2012 (A)

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C.M.P.NO.588/2012 IN CC.860/2011 of J.M.F.C.-IV,KOZHIKODE

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PETITIONER(S)/ACCUSED NO.7:

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ABDUL GAFOOR, S/O.BEERANKUTTY,KOLIYOTTUTHAZHAM HOUSE, ATHOLI, KOZHIKODE. BY ADV. SMT.BIMALA BABY

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COMPLAINANT(S)/STATE :

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR

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HIGH COURT OF

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KERALA,ERNAKULAM.

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R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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amk

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P.S.GOPINATHAN, J

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----------------------------

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Crl.M.C.No.530 OF 2012

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-------------------------Dated this the 24^th day of February, 2012.

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O R D E R

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In this petition under Section 482 of the

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Code of Criminal procedure, the petitioner, who is the 7^th accused in C.C.No.860/2011 on the file of the Judicial Magistrate of the First Class - IV, Kozhikode in Crime No.58/1996 of Nadakkave Police Station for offences under Sections 143, 147, 148, 153 A and 353 r/w Section 149 IPC and 3(2)(e) of the PDPP Act assails Annexure 2 order, whereby his request for return of the passport was declined by the trial court. The plea of the petitioner is that the petitioner is working as a driver abroad in Saudi Riyad and that his visa would be expiring by 25-03-2012 and in case the passport is retained in court, he could not renew the visa. If so, his job abroad would be lost for ever and he would be put to irreparable hardship and difficulties. The petitioner is

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Crl.M.C.No.530 OF 2012 2

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prepared to return back soon after the visa is renewed and to face the trial. The learned Govt.

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Pleader is not in a position to submit as to when the trial would be over. In the above circumstance, I find merit in the submission of the petitioner and that it

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would be appropriate to permit the petitioner to go abroad for the purpose of renewing the visa and for that purpose the passport can be released on stringent condition so as to secure his presence during trial.

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In the result, this petition is allowed and

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there would be an order to release the passport of the petitioner for a period of three months from

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25-03-2012 on the following conditions :-

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Petitioner shall execute a bond for Rs.50,000/(Rupees Fifty Thousand Only) with two solvent sureties each for the like amount.

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Crl.M.C.No.530 OF 2012 3

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Petitioner shall substitute the passport with certified copy of the same. He shall also produce the copy of the visa.

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Petitioner shall furnish his address abroad with phone number and the name and address of the Indian Embassy. The local address of the petitioner as well as the person authorized by the petitioner to receive process and other notices shall also be furnished along with phone number and affidavit by the authorized person expressing his/her willingness to accept the summons on behalf of the petitioner. The trial court shall ascertain the capacity of the sureties to remit the bond amount in the event of forfeiture.

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Petitioner shall re-present the passport before the trial court not later than 25-06-2012.

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P.S.GOPINATHAN, JUDGE

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amk

Abdul Gafoor v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Gafoor v. State of Kerala

Case brief

What is this about?

What did the court decide?

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