The single judge permitted the 6th accused to travel abroad for six months after the final report in the underlying criminal case remained pending, ordering the release of his passport on specific terms.
Passport released for six months on terms; previous interim order quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 11TH DAY OF FEBRUARY 2016/22ND MAGHA, 1937
Crl.MC.No. 623 of 2016 ()
-------------------------CRIME NO.65/2009 OF OACHIRA POLICE STATION IN CBCID CRIME NO.44/CR/51/09.
PETITIONER/6TH ACCUSED :
MUSTHAFA, S/O. ABDUL SALAM, AGED 37 YEARS, VELOORPADEETTATHIL HOUSE, CHANGANKULANGARA MURI, OACHIRA VILLAGE.
BY ADV. SRI.K.R.SUNIL.
RESPONDENT/COMPLAINANT:
THE DETECTIVE INSPECTOR OF CBCID, OCW1, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.P. MAYA.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 623 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
| ANNEXURE A1 : | COPY OF THE ORDER IN CRL.MC NO.3082/2013 DTD.30.07.2013. |
|---|---|
| ANNEXURE A2 : | COPY OF THE ORDER IN CMP NO.2261/2015 IN CRIME NO.65/2009 OF OACHIRA POLICE STATION IN CBCID CRIME NO.44/CR/51/2009 DTD. 24.04.2015. |
| ANNEXURE A3 : | COPY OF THE ORDER DTD. 29.07.2015 IN CRL.MC NO.4323/2015. |
| ANNEXURE A4 : | CERTIFIED COPY OF THE ORDER OF THE JFCM COURT, KARUNAGAPPALLY IN CMP NO.7557 OF 2015, DTD. 30.01.2016. |
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 623 of 2016 ............................................................... Dated this the 11th day of February, 2016
O R D E R
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
the investigation of this case is over and a factual report has been prepared, and the same is pending approval for filing the final report. Whatever it is, it is a fact that the final report has not been filed so far. Considering the submissions made by the learned counsel for the petitioner and the earlier orders passed by the court below in this regard, this Court is of the view that the petitioner can be permitted to go abroad for six months, for which his passport can be released at present, based on the same terms and
CRL.M.C.No. 623 of 2016
-: 2 :-
conditions contained in Annexure A3 order.
In the result, this Crl.M.C. is allowed and Annexure A4
order passed by the court below stands quashed. The passport of the petitioner is ordered to be released by the court below on the same terms and conditions contained in Annexure A3 order and he shall return the passport after six months.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether the petitioner, a 6th accused in an ongoing investigation, can be permitted to travel abroad while the final report is pending.
Whether the earlier interim order regarding the release of the petitioner's passport should be quashed and re-issued with defined terms and conditions.
MUSTHAFA, S/O. ABDUL SALAM
THE DETECTIVE INSPECTOR OF CBCID
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
