Nizamudheen v. State of Kerala
Case brief
What is this about?
The Court quashed an earlier order releasing the petitioner's passport. It held that surrendering a bail-conditioned passport restricts international travel. The petitioner must apply to the Magistrate for permission to go abroad; if granted, the passport will be released. The Crl.M.C. was disposed of on this procedural clarification.
What did the court decide?
Disposed by directing the petitioner to seek permission from the Magistrate for travel abroad; passport release contingent upon Magistrate's permission.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BABU
TUESDAY, THE 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941
Crl.MC.No. 923 of 2018
CRIME NO. 111/2017 OF THOTTILPALAM POLICE STATION , Kozhikode
REVISION PETITIONER/ACCUSED
NIZAMUDHEEN
S/O. MUHAMMED, AGED 28 YEARS, JASEELA MANZIL HOUSE, KIZHUR PAZHANCHERI VIKAS NAGAR, IRITTY, KANNUR DISTRICT, PIN - 670 703.
BY ADVS. SRI.M.G.SREEJITH SMT.K.S.ARUNI RAJ SMT.N.S.SANDHYA SMT.P.SHEENA RAJAN SMT.RONA GEEVARGHESE SRI.P.KRISHNANKUTTY NAIR (KOLLAMALA)
RESPONDENTS/RESPONDENTS & STATE
Issues for consideration
2 issues framed by the court
Whether the High Court can direct the release of a passport surrendered under bail conditions without explicitly permitting the accused to go abroad.
Whether the proper procedure is for the accused to seek permission from the Magistrate to travel abroad before the passport can be released.
Parties & counsel
- petitioner
NIZAMUDHEEN
- respondent
STATE OF KERALA
- respondent
NASEER SO ABDULLA
Coram
Case details
As recorded by the court registry
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