Dismissed

Abdul Basith v. State of Kerala

Kerala HC3 Mar 2020Crl.MC/135/2020

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed petitions filed by an accused person challenging the rejection of his applications for a passport. The court upheld the Sessions Judge's order, noting that allowing the petitioner to travel abroad would unduly affect the trial of multiple pending criminal cases against him.

What did the court decide?

The petitions were dismissed; the petitioner is not permitted to apply for a passport or go abroad at this stage.

Abdul Basith Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2020)

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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 ASHOK MENON

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TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941

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Crl.MC.No.131 OF 2020(F)

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AGAINST THE ORDER/JUDGMENT IN CMP NO.1200/2019 IN SC 439/2019 OF ASSISTANT SUB COURT, VADAKARA

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CRIME NO.323/2018 OF Vadakara Police Station, Kozhikode

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PETITIONER/2ND ACCUSED:

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ABDUL BASITH, AGED 28 YEARS, S/O.KUNHABDULLA, EDALOTTUMMAL HOUSE, POST VILLYAPALLY, VATAKARA TALUK, KOZHIKODE DISTRICT.

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BY ADV. SMT.K.LASITHA

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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OTHER PRESENT:

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SRI.C.S.HRITHWIK, SR.PP.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2020, ALONG WITH Crl.MC.135/2020(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.131 & 135 of 2020

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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 ASHOK MENON

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TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941

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Crl.MC.No.135 OF 2020(F)

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AGAINST THE ORDER/JUDGMENT IN CMP NO.1201/2019 IN SC 412/2019 OF ASSISTANT SUB COURT, VADAKARA

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CRIME NO.1355/2016 OF Vadakara Police Station, Kozhikode

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PETITIONER/2ND ACCUSED:

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ABDUL BASITH, AGED 28 YEARS, S/O. KUNHABDULLA, EDALOTTUMMAL HOUSE, POST VILLYAPALLY, VATAKARA TALUK, KOZHIKODE DISTRICT.

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BY ADV. SMT.K.LASITHA

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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OTHER PRESENT:

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SRI.C.S.HRITHWIK, SR.PP.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2020, ALONG WITH Crl.MC.131/2020(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.Nos.131 & 135 of 2020

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COMMON ORDER

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[ Crl.MC.131/2020, Crl.MC.135/2020 ] Dated this the 3rd day of March 2020

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Crl.M.C.No.131/2020 is filed the petitioner aggrieved

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by the order of the Assistant Sessions Judge, Vatakara,

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in S.C.No.439/2019; wherein he is the 2^nd accused.

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Crl.M.C.No.135/2020 is filed by the same petitioner, who is the 2^nd accused in S.C.No.412/2019 on the files of the

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Assistant Sessions Judge, Vatakara, wherein the

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applications filed by him to apply for Passport as C.M.P.Nos.1200/2019 and 1201/2019 were both rejected by

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the learned Assistant Sessions Judge vide separate

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orders. The learned Assistant Sessions Judge has pointed

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out that the petitioner has three other cases registered

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against him and therefore, if he is permitted to go abroad, it will affect the trial of all those cases. A detailed report has been obtained from the investigating officer, through the Senior Public Prosecutor, which

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gives a list of the cases in which he is involved. There are eleven crimes registered against the petitioner in

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Vatakara Police Station for offences ranging from

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Crl.M.C.Nos.131 & 135 of 2020

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Sections 153A, 308 and 324, I.P.C. and moreover,

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proceedings have also been initiated against him under Section 107 of Cr.P.C. for keeping peace in the locality. These facts would clearly indicate that the petitioner is a trouble-maker and has been involved in a number of criminal cases, all within the jurisdiction of Vatakara Police Station.

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The learned Counsel for the petitioner would indicate that the petitioner is involved in politics and all these cases are registered against him with political motives. However, considering the fact that he has been involved in different cases, including the offences under Sections 153A and 308, apart from Section 324, and for committing riot. The petitioner cannot therefore be permitted to go abroad. Under the circumstances, I think that it is not yet appropriate to let the petitioner to apply and obtain a Passport, so as to enable him to go abroad. The crimes are mostly registered in the years 2013 to 2018 and some of them are to be even ripe for trial and therefore, at this juncture, it will not be appropriate to allow the petitioner to go abroad. Without granting him permission to go abroad, there is no meaning in allowing to apply

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Crl.M.C.Nos.131 & 135 of 2020

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for a Passport. Hence, the learned Assistant Sessions

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Judge was perfectly justified in dismissing the petitions. I find no reason to interfere with the orders. The Crl.M.Cs. are therefore dismissed.

Sd/-

dkr

ASHOK MENON

JUDGE

Crl.M.C.Nos.131 & 135 of 2020

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APPENDIX OF Crl.MC 131/2020

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	CERTIFIED COP	Y OF THE FIR IN CRIME
	NO.323/2018 OF DATED 14.04.201	VATAKARA POLICE STATION 8.
ANNEXURE A2	CERTIFIED COPY NO.323/2018 OF DATED 16.10.201	OF THE FINAL REPORT IN CRIME VATAKARA POLICE STATION 8.
ANNEXURE A3	CERTIFIED COPY SESSIONS JUDGE	OF THE ORDER OF ASSISTANT VATAKARA IN CMP 1200/2019 IN
	SC 439/2019 VATAKARA POLICE	IN CRIME NO.323/2018 OF STATION DATED 14.11.2019.
ANNEXURE A4	CERTIFIED COPY	OF THE WOUND CERTIFICATE.

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Crl.M.C.Nos.131 & 135 of 2020

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APPENDIX OF Crl.MC 135/2020

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	CERTIFIED COPY	OF THE FIR IN CRIME
	NO.1355/2016 OF DATED 8.10.2016.	VATAKARA POLICE STATION
ANNEXURE A2	CERTIFIED COPY OF NO.1355/2016 OF DATED 30.1.2017.	THE FINAL REPORT IN CRIME VATAKARA POLICE STATION
ANNEXURE A3	CERTIFIED COPY O SESSIONS JUDGE VA	F THE ORDER OF ASSISTANT TAKARA IN CMP 1201/19 IN
	SC 412/2019 IN	CRIME NO.1355/2016 OF
	VATAKARA POLICE ST	ATION DATED 14.11.2019.
ANNEXURE A4	CERTIFIED COPY OF	THE WOUND CERTIFICATE.

Abdul Basith v. State of Kerala

Case brief

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Abdul Basith v. State of Kerala

Case brief

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