Dismissed

Kabeer Alias Jabir v. State of Kerala

Kerala HC17 Mar 2021Crl.MC/828/2021

Case brief

AI extract

What is this about?

The High Court at Ernakulam dismissed this criminal miscellaneous petition. The petitioner, a second accused in a murder trial, sought permission to travel abroad for business. The Court refused, noting delays in trial due to absconding co-accused, and dismissed the application.

What did the court decide?

Permission to travel abroad for business purposes was denied and the criminal miscellaneous petition was dismissed.

Kabeer Alias Jabir Vs State of Kerala — Bail and Remand | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

¶5

Crl.MC.No.828 OF 2021(C)

¶6

AGAINST THE ORDER/JUDGMENT IN SC 695/2018 OF DISTRICT COURT& SESSIONS COURT,MANJERI

¶7

CRIME NO.45/1995 OF EDAVANNA POLICE STATION, MALAPPURAM

¶8

PETITIONER/ACCUSED NO.2:

¶9

KABEER ALIAS JABIR AGED 46 YEARS S/O.HUSSAIN, ERAKKODAN, PAYYANATTUTHODI, POTTAMMAL HOUSE, MAPRAM, ELAMARAM, MALAPPURAM DISTRICT.

¶10

BY ADVS.

¶11

SMT.BIMALA BABY SHRI.BLAISE JOSEPH

¶12

RESPONDENTS/STATE & DEFACTO COMPLAINAT:

¶13

STATE OF KERALA

¶14

REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

¶15

OTHER PRESENT:

¶16

PP T.R.RENJITH

¶17

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

CRL.M.C.NO.828 OF 2021

¶19

¶20

O R D E R

¶21

Dated this the 17^th day of March 2021

¶22

The petitioner is facing trial in S.C.No.695/2018

¶23

on the files of Sessions Court, Manjeri, wherein he is arrayed as the second accused. By order dated 25.03.2019, the trial court was directed to release the petitioner's passport and permit him to go abroad, subject to conditions. Again, by order dated 28.10.2020 in Criminal M.C. No.4709/2020, the passport was released for the limited purpose of renewal of petitioner's VISA. The instant Criminal M.C. is filed, seeking permission to go abroad for a limited period.

¶24

Learned Counsel for the petitioner submitted that the petitioner will comply with any stringent condition and will return within the time specified by this court. That, the only purpose of his going abroad is to spruce up his failing business.

¶25

CRL.M.C.NO.828 OF 2021

¶26

¶27

Learned Public Prosecutor opposed the prayer

¶28

and submitted that the prime accused, including the petitioner, could not be apprehended during cirme stage and their abscondance had resulted in the trial being dragged indefinitely. It is submitted that, as against the first accused a Look Out Circular had to be issued and the third accused had surrendered only recently. Moreover, the petitioner is involved in another crime, registered on the allegation of forging a passport.

¶29

The trial of a crime involving the offence under Section 302 of I.P.C. and registered in the year 1995, is not completed even in the year 2021, apparently due to the absence of the accused. In such circumstances, permitting the petitioner to go abroad will result in trial being delayed further. The submission of the learned Public Prosecutor that the Government has appointed a Special Prosecutor for the case and the trial is scheduled from June, 2021 onwards to be taken into consideration. Hence, I am

¶30

CRL.M.C.NO.828 OF 2021

¶31

¶32

not inclined to grant the relief sought.

¶33

The Criminal M.C. is dismissed accordingly.

Sd/-

V.G.ARUN

JUDGE

NB/17.03.2021

CRL.M.C.NO.828 OF 2021

¶39

¶40

APPENDIX

¶41

PETITIONER'S EXHIBITS:

¶42

ANNEXURE A1 TRUE COPY OF THE ORDER DATED 28/10/2020 PASSED BY THIS HON'BLE COURT IN CRL.M.C.NO.4709/2020

¶43

ANNEXURE A2 COPY OF E COURTS STATUS OF THE CASE S.C.695/2018 AT THE DISTRICT AND SESSIONS COURT, MANJERI.

¶44

RESPONDENT'S EXHIBITS: NIL

¶45

TRUE COPY P.A. TO JUDGE

Kabeer Alias Jabir v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kabeer Alias Jabir v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rmp Info Tec Pvt. Ltd. Company, Vs State of Kerala

Shivakumar, Vs State of Kerala

Sanesh Vs State of Kerala

Sajeesh Vs State of Kerala

Anu Sahad Vs State of Kerala

Muhammed Kunhi K.P. Vs State of Kerala