Allowed

Sumeet Goyal v. State of Kerala

Kerala HC17 Feb 2022Crl.MC/1028/2022

Case brief

AI extract

What is this about?

The High Court allowed an application by an accused on bail to retrieve his passport from the Magistrate Court to travel abroad for 15 days. The court permitted release subject to strict affidavit conditions ensuring his return within two months and cooperation with investigation authorities.

What did the court decide?

Release of passport by court below subject to affidavit conditions requiring return within two months and continual updates to investigating officer.

Sumeet Goyal Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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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 SUNIL THOMAS

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THURSDAY, THE 17TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943

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CRL.MC NO. 1028 OF 2022

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(IN VC.NO.1/2019 OF VIGILANCE & ANTI-CORRUPTION BUREAU, ERNAKULAM,
ERNAKULAM DISTRICT)

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PETITIONER/ACCUSED NO.1:

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SUMEET GOYAL
AGED 66 YEARS
S/O M.L GOYAL, PH2, RDS RHYTHM,
PADAMUGAL, KAKKANAD, ERNAKULAM DISTRICT

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BY ADV SOJAN MICHEAL

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI
PIN – 682031.

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OTHER PRESENT:

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SR.GP REKHA .S

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 1028 OF 2022

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O R D E R

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The petitioner was arrayed as the first accused in VC.No.1/2019 of VACB, Ernakulam for offence punishable

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under Section 409, 420, 511 of 366 read with 34 & 120 B

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of Indian Penal Code and Section 13 (2) r/w 13 (1) (d) of

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the Prevention of Corruption Act. He is the Managing Director of a Company, M/s. RDS Project Ltd, which is arrayed as the 14th accused. Pending the investigation, petitioner was arrested on 30.08.2019 and remanded. He

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was released on bail by order of this court dated 04.11.2019, subject to certain conditions. It is stated that

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in compliance with the above condition, he has surrendered his passport.

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According to the petitioner, now he intends to go abroad for a vacation tour with family for 15 days. Hence, he needs the passport to be released to him, at

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CRL.MC NO. 1028 OF 2022

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least for a period of two months.

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A statement was filed by the VACB. Opposing

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the application, the learned Special Government Pleader raised strong objections to the relief sought and apprehended that if the petitioner is permitted to leave the country, he may not be available during the trial. It was submitted by the learned counsel for the petitioner that the petitioner has substantial investment in his business in India and his Company has invested crores of rupees in construction business. He settled in India with family and he proposed to leave the country only on vacation tour. He asserted that he will return the passport immediately after the vacation tour is over and to surrender the passport to the court below.

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It seems that investigation is progressing, but it still not concluded though the FIR was registered in the

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CRL.MC NO. 1028 OF 2022

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year 2019. Having evaluated the entire facts, I am inclined to permit the petitioner to leave the country for a period not exceeding two months from the date of release of the passport from the court below. There will be a direction to the court below to release the passport subject to the condition that the petitioner shall file an affidavit before the court below, furnishing the details of his travel, the date when he proposes to leave the country, the countries which he propose to visit and the date of his return. He shall also undertake that he will return within the stipulated time and shall thereafter surrender the passport at the earliest. He shall also furnish the contact details, while he is on travel. He shall also intimate these details to the investigation officer. On filing of the affidavit, the passport will be released by the court below to the petitioner and he shall return the passport, after his journey, within a period of two months

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CRL.MC NO. 1028 OF 2022

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from the date of release of the passport.

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Crl.M.C is allowed as above.

sd/-

SUNIL THOMAS, JUDGE

R.AV

H/O

CRL.MC NO. 1028 OF 2022 6

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APPENDIX OF CRL.MC 1028/2022

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PETITIONER ANNEXURES
Annexure1

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COPY OF THE COMMON ORDER DATED 04.11.2019
IN BA NO: 7575/2019 AND CONNECTED CASES

Sumeet Goyal v. State of Kerala

Case brief

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Sumeet Goyal v. State of Kerala

Case brief

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