The High Court of Kerala, in a criminal miscellaneous case, directed the trial court to return the petitioner's passport to enable him to join a job abroad, subject to executing a bond and appearing within one year.
The trial court to return the petitioner's passport forthwith on terms of executing a bond and appearing within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2016/5TH PHALGUNA, 1937
Crl.MC.No. 375 of 2016
LP.44/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPALLY. SC 1252/2015 OF ASSISTANT SESSIONS COURT, KARUNAGAPPALLY. CRIME NO. 778/2010 OF OCHIRA POLICE STATION, KOLLAM.
PETITIONER/ACCUSED:
SAJITH @ ACHU, AGED 27 YEARS, S/O. SATHYADEVAN, MANJADITHARA THARAYIL VEETIL, PULUMBITHEKKUM MURIYIL, PUTHUPALLY VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT.
BY ADV. SRI.P.V.VENUGOPAL
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM FOR SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION, KOLLAM DISTRICT.
BY PUBLIC PROSECUTOR SMT.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 375 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1 - TRUE COPY OF THE INTERIM ORDER DT.02.09.2015 IN BA NO 4784/15 BY HONOURABLE HIGH COURT. ANNEXURE A2 - TRUE COPY OF THE FINAL DT. 14.09.2015 IN BA NO. 4784/15 BY HONOURABLE HIGH COURT. ANNEXURE A3 - TRUE COPY OF RELEVANT PAGE OF PETITIONERS PASSPORT BEARING NO.H O 966770 SURRENDERED BEFROE THE HON'BLE JFMC, KARUNAGAPALLY. ANNEXURE A4 - TRUE COPY OF SUMMONS ISSUED BY ASSISTANT SESSIONS COURT, KARUNAGAPPALLY IN SC NO. 1252/2015. ANNEXURE A5 - TRUE COPY OF COMMUNICATION DT. 31.10.2015 BY 'NASSER AMASSAAD AL KHALDI GEN CONT, EST'. ANNEXURE A6 - TRUE COPY OF THE ORDER IN CRL.M.C 7593/2015 DT. 08.12.2015 ISSUED BY HONOURABLE HIGH COURT. ANNEXURE A7(A-C) - SERIES COPY OF DEPOSTIION OF DE-FACTO COMPLAINANT 2 OTHER EYE WITNESS. ANNEXURE A8(A-C)- SERIES TRUE COPY OF AFFIDAVIT OF DE-FACTO COMPLAINANT 2 OTHER EYE WITNESS. ANNEXURE A9 - A TRUE COPY OF CRL.M.P 4/2016 FILED BY PETITIONER BEFORE ASSISTANT SESSIONS COURT, KARUNAGAPPALLY. ANNEXURE A10 - TRUE COPY OF ORDER CRL.M.P 4/2016 IN SC 1252/2015 DT. 14.1.2016 ISUED BY THE ASSISTANT SESSIONS COURT, KARUNAGAPPALLY. ANNEXURE A11 - TRUE COPY OF THE AFFIDAVIT DT. 19.1.2016 FILED BEFORE HONOURABLE JFMC, KARUNAGAPPALLY. ANNEXURE A12 - CERTIFIED COPY OF ORDER CRL.MP.310/2016 DATED 20.1.2016 PRODUCED HEREWITH ISSUED BY HONOURABLE JFMC, KARUNAGAPALLY.
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.S. TO JUDGE
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B. KEMAL PASHA, J.
====================
CRL.M.C. No. 375 of 2016
====================
Dated this the 24th day of February, 2016
O R D E R
Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
Sessions Case No.1951 of 2011 of the Kollam Sessions Division. As the petitioner was absconding, the case against him was split up and is presently pending as Sessions Case No.1252 of 2015 before the Assistant Sessions Court, Karunagappally. The said case has arisen from Crime No.778 of 2010 of the Oachira Police Station. The passport of the petitioner was produced before the Judicial First Class Magistrate's Court, Karunagappally at the time when he was enlarged on bail. Presently, the said passport has been forwarded by the Judicial First Class Magistrate, Karunagappally to the Assistant Sessions Court,
CRL.M.C.No. 375 of 2016
-: 2 :-
Karunagappally.
(i) The petitioner shall execute a bond for ₹1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the court below.
(ii) The petitioner shall return within one year and appear before the court below in the case.
In the result, this Crl.M.C. is disposed of as above.
Sd/-
B.KEMAL PASHA,
JUDGE.
DSV/24/2/16
// True Copy //
PA to Judge
1 issue framed by the court
Whether the petitioner, a criminal accused on bail, is entitled to the return of his passport to join a job abroad.
1 provisions across 1 enactments
Sajith @ Achu
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
