Allowed

Pallath Nazar v. State of Kerala

Kerala HC4 Dec 2015Crl.MC/6863/2015

Case brief

AI extract

What is this about?

The High Court allowed Criminal Miscellaneous Case No. 6863 of 2015 filed by petitioner Pallath Nazar, an accused in S.C.No.324/2010. The court set aside the lower court's order rejecting a passport release request and directed the trial court to release the passport for a period of six months to enable the petitioner to join employment abroad.

What did the court decide?

Impugned order set aside; passport directed to be released for six months; petitioner to return and surrender passport;

Pallath Nazar Vs State of Kerala — Bail and Remand | Kerala HC (2015)

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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.UBAID

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FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937

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Crl.MC.No. 6863 of 2015 ()

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CRIME NO. 1030/2007 OF TIRUR POLICE STATION , MALAPPURAM

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PETITIONER(S)/10TH ACCUSED:

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PALLATH NAZAR AGED 38 YEARS S/O.HAMEED, PALLATH HOUSE, VETTOM TIRUR, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.P.SUDHEER

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RESPONDENT(S)/STATE:

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THE STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE TIRUR POLICE STATION, TIRUR, MALAPPURAM DISTRICT PIN 676101.

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R BY PUBLIC PROSECUTOR SMT.MADHUBAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-122015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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avk

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Crl.MC.No. 6863 of 2015 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE-A1: TRUE COPY OF ORDER DATED 22/5/2015 IN

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CRL.M.P.NO.717/2015 IN S.C.NO.501/2009 ON THE FILE OF THE SESSIONS JUDGE, MAJERI.

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ANNEXURE-A2: CERTIFIED COPY OF ORDER DATED 7/10/2015 IN CRL.M.P.NO.1345/2015 IN S.C.NO.324 OF 2010 ON THE FILE OF THE ADDITIONAL SESSIONS COURT-1, MANJERI.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

PA TO JUDGE

avk

P.UBAID, J.

Crl.M.C.No.6863 of 2015

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Dated this the 4^th day of December, 2015

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ORDER

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The petitioner herein is the accused No.10 in S.C.No. 324/2010 of the Court of Session, Manjeri. He is aggrieved by the order of learned First Additional Sessions Judge, Manjeri rejecting his request in C.M.P.No.1345 of 2015 to release his passport to go abroad. On hearing both sides, and on a perusal of the report received from the trial court, I feel that the petitioner can be permitted to go abroad for a short period of 6 months. It is submitted that he is employed there, and if he does not join his employment within a short period, he will lose his employment there, and he will also lose his visa. The year-wise pendency of cases furnished by the trial court shows that the total pendency of sessions cases there, is of 838 cases, but the pendency up to 2010 is only 10 cases. There is the possibility of case coming up for trial in the near future. So the petitioner will have to come back within 6 months. The State cannot have any objection to such a course.

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Crl.M.C.No.6863 of 2015 2

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Accordingly, the petitioner can be permitted to go abroad for a period of six months to join his employment and come back within six months.

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In the result the petition is allowed. The Annexure A2 order (impugned order) will stand set aside. The court below is directed to release the petitioner's passport. The petitioner is directed to come back and surrender the passport before the trial court within six months from the date on which it is released. In case of failure, it will have consequences including cancellation

of the bail.

Sd/P.UBAID JUDGE

//TRUE COPY//

PA TO JUDGE

avk

Crl.M.C.No.6863 of 2015 3

Pallath Nazar v. State of Kerala

Case brief

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Pallath Nazar v. State of Kerala

Case brief

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