Allowed

Azeez T.A. v. the State of Kerala

Kerala HC22 May 2018Crl.MC/2915/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition partially. While affirming the rejection of the petitioner’s initial prayers due to two instances of absconding, the court granted conditional permission for the petitioner to travel abroad and return within three weeks.

What did the court decide?

Passport returned; petitioner allowed to go abroad for three weeks subject to depositing Rs. 1 lakh security and specific conditions.

Azeez T.A. Vs the State of Kerala — Civil Procedure and Limitation | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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TUESDAY, THE 22ND DAY OF MAY 2018 / 1ST JYAISHTA, 1940

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Crl.MC.No. 2915 of 2018

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AGAINST THE ORDER IN CC 286/2017 of J.M.F.C.-II,HOSDRUG CRIME NO. 356/2008 OF BEKAL POLICE STATION , KASARGOD

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PETITIONER/11TH ACCUSED

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AZEEZ T.A. AGED 33 YEARS, S/O AHAMED, BEKAL THAYYAL HOUSE, BEKAL, PALLIKKARA VILLAGE, KASARAGOD DISTRICT.

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BY ADV.SRI.RAHUL SASI

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RESPONDENT/COMPLAINANT:

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THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIHG COURT OF KERALA, ERNAKULAM

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R BY PUBLIC PROSECUTOR SRI.ALEX M THOMBRA, SENIOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-05-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2915 of 2018 ()

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 - A TRUE COPY OF THE ORDER DATED 02-03-2018 IN CMP 1045 OF 2018 IN CC CNO.286 OF 2017 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, HOSDURG

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ANNEXURE A2 - THE TRUE COPY OF THE JUDGMENT DATED 17-03-2017 IN CC 971 OF 2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG

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ANNEXURE A3 - THE TRUE COPY OF MEMORANDUM OF CRL MC NO.2852 OF 2018 FILED BY THE PETITIONER HEREIN ALONG WITH OTHER ACCUSED BEFORE THIS HON'BLE COURT

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RESPONDENTS EXHIBITS: NIL

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// TRUE COPY //

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PA TO JUDGE

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K.ABRAHAM MATHEW J

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Crl.M.C. No.2915 of 2018

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Dated this the 22^nd day of May, 2018

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ORDER

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Petitioner was the 11^th accused in CC No.971 of 2011 on the file of JFCM Court-II, Hosdurg. As he was absconding his case was split up and later refiled as C.C.No.286 of 2017. He filed an application in the trial court to return his passport which is surrendered before it and to allow him to go abroad so that he may join duty abroad. He also prayed to grant him exemption from appearance. All the prayers were rejected by Annexure-A1 order. This is challenged.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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It is seen from Annexure-A1 order that the petitioner twice absconded. I have no doubt that the learned Magistrate is fully justified in refusing the prayers of the petitioner. But the learned counsel submits that some leniency may be shown and the petitioner may be allowed to go abroad for one month so that he may get the period of his visa extended. I think the request is reasonable.

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In the result, this Crl. M.C is allowed in part. The lower court shall

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Crl.M.C. No.2915of 2018 2

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return the passport to the petitioner and he is allowed to go abroad for three weeks from 23^rd May 2018 subject to the following conditions.

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(i) The petitioner shall deposit in the trial court Rs.1,00,000/(Rupees one lakh only) which will stand forfeited if he fails to comply with any of the conditions in this order or the order granting bail. The forfeiture of the amount will be in addition to the forfeiture of the amount covered by the bond executed by him when he was released on bail.

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(ii) Within seven days of his return he shall surrender his

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passport again in the lower court.

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(iii) He shall furnish his foreign address and contact numbers and shall produce five self addressed and stamped envelopes so that process may be issued to him at his foreign address.

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(iv) He shall not visit any country other than UAE.

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(v) The amount deposited by him shall be retained till the trial is

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concluded.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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Azeez T.A. v. the State of Kerala

Case brief

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Azeez T.A. v. the State of Kerala

Case brief

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