The High Court permitted the petitioner, an additional accused, to go abroad and get his passport released. He was directed to deposit Rs. 25,000 with the trial court, returning upon surrendering the passport, with the term of travel determined by the trial court.
Passport released and petitioner permitted to go abroad upon depositing Rs. 25,000 with the trial court.
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 ASHOK MENON
TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941
Crl.MC.No.466 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CRMP 1964/2019 DATED 03-122019 OF IST ADDITIONAL DISTRICT COURT, KOZHIKODE
PETITIONER/6TH ACCUSED:
MUHAMMAD AGED 32 YEARS S/O. ASSAINAR, MUSHINA KUZHICHALIL, PADINHARE THOTTUMUKHATHU HOUSE, KOYILANDY, KOZHIKODE DISTRICT.
BY ADVS. SRI.ADITHYA RAJEEV SRI.T.R.HARIKUMAR
RESPONDENTS/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 682 031
SRI. RAMESH CHAND PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.466 OF 2020(G)
2
ORDER
Dated this the 4th day of February 2020
The petitioner is added as additional 6th
accused in SC No.1418/2016 on the file of the 1st Additional Sessions Court, Kozhikode, for having allegedly committed offences punishable under Sections 115, 120B, 143, 147, 148, 324, 326, 307 r/w Section 149 of the IPC.
quash the proceedings under Section 482 of the Cr.P.C as Crl.M.C No.8007/2018 and an interim stay was granted by this Court, and the matter is still pending. In the meanwhile, the petitioner applied before the Sessions court by filing
Crl.MP No.1964/2019 for seeking permission to go abroad, and to release his passport, which as a condition was deposited before this Court as per
Annexure II order. The petitioner's prayer to get passport released was rejected by the court below
3
Crl.MC.No.466 OF 2020(G)
vide Annexure VIII order for the reason that this
Court has granted an interim stay of the entire proceedings before the court below and therefore,
the prayer to release the passport cannot be entertained. Aggrieved by this the petitioner is before this Court.
accused under Section 319 of the Cr.P.C and that particular order has been challenged based on very serious grounds. It is on the basis of that interim stay which has subsequently extended, has also been granted. The petitioner seeks employment abroad and for that purpose he wants to get his
passport released. The petitioner is a young man aged 32 and there is no apparent reason to stifle
his chances of employment abroad. There is also
no report that he has got any other crimes registered against him.
Under the circumstances, the petitioner can be
Crl.MC.No.466 OF 2020(G)
permitted to go abroad and his passport released on condition that he shall deposit a sum of Rs 25,000/-(Rupees Twenty five thousand only/-) before the trial court, which shall be released to him on his returning and surrendering his passport before the trial court. The term for which the petitioner shall be permitted to go abroad shall be determined by the trial court considering the status of the case.
With these observations, the Crl.M.C is
disposed of.
Sd/-
ASHOK MENON
JUDGE
SPK
Crl.MC.No.466 OF 2020(G)
5
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 A TRUE COPY OF THE ORDER DATED 09-012018 IN S.C NO. 1418 OF 2016 OF THE 1ST ADDITIONAL SESSIONS COURT, KOZHIKODE ANNEXURE II A TRUE COPY OF THE ORDER DATED 03-102018 IN CRL. M.P 1794 OF 2018 IN S.C NO. 1418 OF 2016. ANNEXURE III A TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 04-12-2018 IN CRL.M.C NO. 8007 OF 2018 ANNEXURE IV A TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 12-11-2019 IN CRL.M.C NO. 8007 OF 2018 ANNEXURE V A TRUE COPY OF THE ORDER DATED 09-012018 IN S.C NO. 1418 OF 2016 OF THE 1ST ADDITIONAL SESSIONS COURT, KOZHIKODE ANNEXURE VI A TRUE COPY OF THE OFFER LETTER DATED 09-11-2019 ISSUED BY THE FLOMATIC INTERNATIONAL CATERING EQUIPMENT TRADING, LLC. ANNEXURE VII A TRUE COPY OF THE PETITION IN CRL.MP NO 1964 OF 2019 IN S.C NO. 1418 OF 2016 OF THE 1ST ADDITIONAL SESSIONS COURT, KOZHIKODE. ANNEXURE VIII CERTIFIED COPY OF THE ORDER DATED 0312-2019 IN CRL.M.P NO. 1964 OF OF 2019 IN S.C NO 1418 OF 2016 OF THE 1ST ADDITIONAL SESSIONS COURT, KOZHIKODE
RESPONDENT'S/S EXHIBITS: NIL
2 issues framed by the court
Whether to allow the petitioner access to passport for employment abroad despite being accused in criminal proceedings.
Whether to permit the petitioner to leave the country pending trial by imposing a monetary deposit.
Muhammad
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
