In this criminal miscellaneous petition, the Kerala High Court disposed of the appeal seeking release of passport with deletion of cash security condition. The Court directed the lower court to expedite the trial within six months upon receipt of the order copy.
Petition disposed with directions to lower court to expedite trial within six months.
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 RAJA VIJAYARAGHAVAN V
TUESDAY, THE 15TH DAY OF NOVEMBER 2016/24TH KARTHIKA, 1938
Crl.MC.No. 6389 of 2016 ()
AGAINST THE ORDER/JUDGMENT IN CC 762/2016 of J.F.C.M-II,HOSDRUG CRIME NO. 348/2007 OF BEKAL POLICE STATION , KASARGOD
PETITIONER/ACCUSED:
K. FIRDOUZ
AGED 38 YEARS, S/O.MUHAMMED KUNHI, SUHARA MANZIL, THEKKEPURAM, KEEKAN POST, KASARAGOD DISTRICT.
BY ADVS.SRI.RAHUL SASI
SMT.NEETHU PREM
RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
2. STATION HOUSE OFFICER BEKAL POLICE STATION, KASARAGOD DISRICT 671125.
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-112016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6389 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES
----------------------ANNEXURE A1 A TRUE COPY OF THE ORDER DATED 31.8.2016 IN CMP 4521 OF 2016 IN CC NO.762 OF 2016 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II, HOSDURG
RESPONDENT(S)' ANNEXURES ----------------------NIL
/TRUE COPY/
VPS PS TO JUDGE
RAJA VIJAYARAGHAVAN.V, J
Crl.M.C. No.6389 of 2016
Dated this the 15th day of November, 2016
O R D E R
Crl.M.C.6389/2016
2
for a longer duration and to delete the condition for deposit of cash security.
In the result, this petition is disposed of directing the learned Magistrate to take up and dispose of C.C. No.762 of 2016 expeditiously, at any rate, within a period of six months from the date of receipt of a copy of the order.
Sd/RAJA VIJAYARAGHAVAN.V. JUDGE
vps
3 issues framed by the court
Whether the passport release condition of cash security is onerous and should be deleted.
Whether the criminal case should be expedited within six months considering the age of the offense.
Whether the petitioner's reasons to go abroad warrant expeditious disposal of the trial.
K. Firdouz
State of Kerala
Raja Vijayaraghavan.V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
