Allowed

Hassainar @ Hassan v. State of Kerala

Kerala HC21 Oct 2016Crl.MC/4626/2016

Case brief

AI extract

What is this about?

This criminal miscellaneous petition by an accused in the high court itself sets aside the rejection of his application for passport release by the court below and directs the lower court to release the passport under bond and conditions including forfeiture of security in case of violation.

What did the court decide?

The high court directed the court below to release the petitioner's passport for one month, subject to a bond of Rs.50,000 with two sureties and security deposit of Rs.15,000.

Hassainar @ Hassan Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938

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Crl.MC.No. 4626 of 2016 ()

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AGAINST SC 322/2016 of ADDL. D.C. & SESSIONS COURT - II, KASARAGOD CRIME NO. 172/2011 OF BADIADUKKA POLICE STATION , KASARGOD

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PETITIONER/ACCUSED:

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HASSAINAR @ HASSAN S/O MOOSA, KUTHUVA HOUSE, MUMTHAZ QUARTERS, KASARAGOD TALUK, KASARAGOD

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BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.V.TEKCHAND

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RESPONDENTS/COMPLAINANT & STATE:

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STATE OF KERALA THROUGH SUB INSPCTOR OF POLICE, BADIADKA POLICE STATION, REPRESENTD BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31

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BY PUBLIC PROSECUTOR SRI. T.R. RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4626 of 2016 () ---------------------------

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APPENDIX

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PETITIONER'S ANNEXURES -----------------------

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ANNEXURE:A1 CRIMINAL M.P.2322/2016 FILED BY THE PETITIONER. ANNEXURE:A2 ORDER IN CRIMINAL M.P.NO. 2322/16 DT. 3/6/16 RESPONDENT'S ANNEXURES: NIL -----------------------

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TRUE COPY P.A. TO JUDGE.

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RAJA VIJAYARAGHAVAN.V., J

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Crl.M.C. No. 4626 of 2016

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- - - - Dated 21^st October, 2016

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ORDER

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1.The petitioner is the 6^th accused in S.C.No.322 of 2016 on the file of the Additional Sessions Judge-II, Kasaragod. He stands indicted for the offences punishable under Sections 143, 147, 148, 427, 332 and 308 read with Section 147 of the IPC.

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2.The petitioner was enlarged on bail on 2.5.2016 and one of the conditions required the petitioner to surrender his passport. His passport was consequently surrendered. The brother of the petitioner, who is conducting business in Dubai became unwell and he requires to go abroad for a short period of one month. Stating these aspects, an application was filed before the court below. The learned Sessions Judge, it appears was not impressed with the reasons advanced and rejected the application. The said order is assailed in this petition.

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Crl.M.C. No.4626 of 2016 -2-

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3.Heard the learned Senior Counsel appearing for the petitioner as well as the learned Public Prosecutor.

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4.The learned Senior Counsel submits that the crime is of the year 2011 and at the stage of committal, the petitioner was not available. In view of the above, the case against the other accused was committed to the court of Session and the same is pending as S.C.No.474 of 2011. It is pointed out that the proceedings in the aforesaid Sessions Case has been stayed by this Court in Crl.R.P.No.1227 of 2013. According to the learned Senior counsel, there are no reasonable prospects of the Sessions Case coming up for trial in the near future. It is, therefore, prayed that the petitioner be permitted to get release of the passport and go abroad for a short period of one month.

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5.I have heard the learned Public Prosecutor as well.

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6.In the facts and circumstances, it does not appear to me that the interest of the prosecution would suffer if the

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Crl.M.C. No.4626 of 2016 -3-

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passport of the petitioner is released for a period of one month subject to conditions.

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7.In the result, this petition will stand allowed and the court below is directed to release the passport so as to enable the petitioner to go abroad for a period of one month on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court below. The release of passport shall be subject to the following conditions:-

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1.The passport of the petitioner shall be released to him for a period of one month. The petitioner shall give an undertaking before the learned Magistrate that he will return the passport before the Court within the said period from the date of obtaining release of the passport from Court.

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The petitioner shall submit his VISA details and passport details before the court below and also furnish his address abroad. He shall also

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Crl.M.C. No.4626 of 2016

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-4-

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leave the name and other particulars including mobile phone number etc. of his local Advocate, who could be contacted by the Court or Investigating officer for giving any direction to the petitioner.

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The petitioner shall deposit a sum of Rs.15,000/-(Rupees fifteen thousand) as security towards temporary release of the passport.

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The petitioner shall not leave the country without obtaining prior permission from the learned Magistrate.

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5.The amount deposited by the petitioner, by way of security will stand forfeited in case he violates any of the conditions above.

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Sd/- RAJA VIJAYARAGHAVAN.V., JUDGE

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kp/-21.10.16

Hassainar @ Hassan v. State of Kerala

Case brief

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Hassainar @ Hassan v. State of Kerala

Case brief

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