The Kerala HC dismissed the petitioner's criminal miscellaneous petition challenging a magistrate's order refusing release of the petitioner's passport. The court held that allowing travel abroad would hinder the trial's reasonable timeliness given the accused had been absconding for four years.
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 K.ABRAHAM MATHEW
FRIDAY, THE 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939
Crl.MC.No. 1435 of 2018
CMP.818/18 IN CC.2/2018 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDRUG CRIME NO.892/2014 OF BEKAL POLICE STATION, KASARGOD
PETITIONER/ACCUSED :
MUHAMMED RAFEEQUE, AGED 27 YEARS, S/O. MUHAMMED KUNHI, THAYAL MOVVAL, PALLIKKARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADVS.SRI.T.K.VIPINDAS
SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN SRI.K.C.GINEEB
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING STATION HOUSE OFFICER, BAKEL POLICE STATION-6657121.
BY SR. PUBLIC PROSECUTOR SRI.C.S.HRITWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
Crl.MC.No. 1435 of 2018
PETITIONER(S)' ANNEXURES
ANNEXURE A1: TRUE COPY OF THE ORDER DATED 30-1-2018 IN CMP 681/2018 IN C.C.2/2018 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG
ANNEXURE A2: TRUE COPY OF THE ORDER DATED 30-1-2018 IN CMP 818/2018 IN C.C.2/2018 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG
RESPONDENT(S)' ANNEXURES
NIL
TRUE COPY
P.S. TO JUDGE
EL
16.3.2018
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 1435 of 2018
Dated this the 16th day of March, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
2.The petitioner was the fourth accused in CC No. 1987 of
2014 on the file of the Judicial First Class Magistrate Court-II, Hosdurg. As he was absconding, the other accused were tried. They were acquitted. Now, the petitioner surrendered and his case has been refiled as CC No. 2 of 2018. He was released on bail subject to
the condition inter alia that he shall surrender his passport. Accordingly, he has surrendered his passport. He filed an application that his passport may be released to him so that he can join his duty abroad. By the impugned order, the learned magistrate has dismissed it. Its correctness is challenged.
4.It is not in dispute that before the petitioner absconded,
Crl.M.C. No. 1435 of 2018
..2..
he had been released on bail. For four years, his case could not be taken up as he was absconding. If he is allowed to go abroad, the trial court will not be able to dispose of the case within a reasonable time. So, the order passed by the learned magistrate appears to be proper.
In the result, this Crl.M.C. is dismissed. The learned magistrate shall dispose of the case before 31.05.2018.
Sd/-
K. ABRAHAM MATHEW JUDGE
bka/16.03.2018
2 issues framed by the court
Whether the impugned order dismissing the application for release of passport surrendered by an absconding accused upon bail is correct.
Whether allowing the petitioner to travel abroad would prejudice the timely disposal of the trial in the absence of the other accused.
1 provisions across 1 enactments
Muhammed Rafeeqe
State of Kerala
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
