Disposed

Raju Joseph v. State of Kerala

Kerala HC15 Dec 2016Crl.MC/6020/2016

Case brief

AI extract

What is this about?

The Court issued directions for the release of seized foreign and Indian passports to a criminal accused only after he files an application for VISA/OCI extension with the Foreigner Regional Registration Officer, securing the documents and returning them post-processing to the court custody.

What did the court decide?

The Court issued directions to secure the ends of justice by releasing passports only after the accused files a VISA/OCI application with the 3rd Respondent.

Raju Joseph Vs State of Kerala — Criminal Trial and Appeal | 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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THURSDAY, THE 15TH DAY OF DECEMBER 2016/24TH AGRAHAYANA, 1938

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Crl.MC.No. 6020 of 2016 ()

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AGAINST CMP NO.624 OF 2016 IN CC NO.367 OF 2015 OF JFCM, PIRAVOM CRIME NO. 28/2015 OF PIRAVAM POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED:

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RAJU JOSEPH AGED 55 YEARS, S/O. LATE JOSEPH, KUZHIKKATTUMANACKAL HOUSE, PIRAVOM, ERNAKULAM DISTRICT.

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BY ADV. SRI.GEORGE SEBASTIAN

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RESPONDENT/COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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*2. UNION OF INDIA, REP. BY SECRETARY TO THE MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110001

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*3. FOREIGNER REGIONAL REGISTRATION OFFICER, KOCHI, 2^nd FLOOR, AIRLINES BUILDING, COCHIN INTERNATIONAL AIRPORT LTD. AIRPORT P.O.-638 111,

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ERNAKULAM DISTRICT

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(ADDL.R2 AND R3 ARE IMPLEADED AS PER ORDER DATED 28.10.2016 IN CRL.M.A.11031/2016

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R2 & R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY PUBLIC PROSECUTOR SRI.T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 6020 of 2016 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES

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----------------------- ANNEXURE-A A TRUE COPY OF PIRAVOM POLICE	THE FINAL REPORT IN CRIME NO. 28/2015 OF STATION.
ANNEXURE-B A TRUE COPY OF	THE RECEIPT DATED 24.2.2012.
ANNEXURE-C A TRUE COPY OF FOREIGNERS REGI SUPERINTENDENT	THE ORDER DATED 25.2.2012 PASSED BY THE STRATION OFFICER AND DISTRICT OF POLICE, ERNAKULAM RURAL AT ALUVA.
ANNEXURE-D A TRUE COPY OF THE JFCM COURT,	THE PETITION CMP 624/2016 FILED BEFORE PIRAVOM.
ANNEXURE-E A TRUE COPY OF IN CC 367/2015	THE ORDER DATED 15.4.2016 IN CMP 624/2016 OF JFCM COURT PIRAVOM.

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RESPONDENT(S)' ANNEXURES

NIL

/TRUE COPY/

VPS PS TO JUDGE

RAJA VIJAYARAGHAVAN.V, J

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Crl.M.C. No.6020 of 2016

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Dated this the 15^th day of December, 2016

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O R D E R

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1.The challenge in this petition filed under section 482 of the Code of Criminal Procedure is raised against Annexure-E order passed by the Judicial Magistrate of First Class, Piravom.

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2.The petitioner had filed an application seeking interim release of his USA Naturalization Certificate, U.S. passport issued in the year 2004 and 2014 and also the Indian Passport issued by the Indian Consulate Chicago which were seized in connection with Crime No.28 of 2015 of the Piravom Police Station. The learned Magistrate taking note of the fact that the offence alleged against the petitioner is under section 14(a)(b) of the Foreigners Act, 1946 rejected the application holding that there is every chance of the petitioner utilizing the same for undermining

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Crl.M.C.6020/2016

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the prosecution case.

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3.The learned counsel appearing for the petitioner submits that the above documents are required to enable him to apply for extension of VISA and for acquiring the OCI card.

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4.Heard the learned Assistant Solicitor General appearing for the additional respondents 2 and 3 as well as the learned Public Prosecutor. It is submitted by the learned counsel appearing for the respondents that the documents sought for cannot be handed over to the petitioner. I find merit in the said submission. However, it is felt that necessary directions can be issued to secure the ends of justice.

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5.In the result, the following directions are issued:

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(a) The petitioner shall file an application for VISA extension and for obtaining OIC card before the additional 3^rd respondent.

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(b) The copy of the application and receipt, if any, shall be produced before the learned Magistrate and the petitioner shall file an application seeking to forward the USA

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Crl.M.C.6020/2016

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Naturalization Certificate, U.S. passport issued in the year 2004 and 2014 and also the Indian Passport issued by the Indian Consulate Chicago to the 3^rd respondent.

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(c) If any such application is filed, the learned Magistrate shall hand over the records kept in the custody of the Court to a responsible officer of the prosecuting agency for producing the same before the 3^rd respondent for enabling the said respondent to process the application. Necessary direction shall be issued to get back the documents from the 3^rd respondent after the application is processed.

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(d) If the relevant documents are produced before the 3^rd respondent, he shall consider the same and pass appropriate orders in accordance with law.

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(e) After processing the application, the documents aforementioned shall be handed over by the 3^rd respondent to the officer concerned and the said officer shall return the same before the Magistrate who shall retain them in custody for the purpose of trial proceedings.

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This petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN.V. vps JUDGE

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vps

Raju Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Raju Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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