The Court held that when a bail condition required surrendering a passport, the subsequent application for permission to go abroad must be decided by the trial court where the case is pending, not by the High Court.
Direction to the learned Assistant Sessions Judge to consider and dispose of the application for leave to go abroad on merits.
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 K.HARIPAL
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943 CRL.MC NO. 1179 OF 2022
(CRLS.M.P.No.318 OF 2021 IN S.C.NO.368 OF 2021 ON THE FILES OF SESSIONS COURT, THALASSERY DIVISION.)
PETITIONER/1ST ACCUSEDE:
AFASL P.P. S/O MUSTHAFA, AGED 38 YEARS AFSAL MANZIL, MANNA, MAITHANI ROAD, KANNADIPARAMBA, KANNUR, PIN - 670604 BY ADVS. RAHUL SASI NEETHU PREM VIVEK.P.K MANU K. MURALI
RESPONDENTS/COMPLAINANTS:
STATE OF KERALA, REPRESEENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR
SR.PP - SRI. VIPIN NARAYANAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1179 of 2022
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ORDER
The Petitioner is one of the accused in S.C.No.368/2021 now pending before the Assistant Sessions Court, Thalassery where he, along with others, faces allegations for offences under Sections 341, 394(b), 323, 326, 506(ii) and 308 read with Section 149 of the IPC. When bail was granted by this Court on 28.10.2020, among other conditions, he was directed to surrender his passport before the jurisdictional court.
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Sessions Judge is directed to consider and dispose of the
application on its merits.
Crl.M.C is disposed of as above.
Sd/- K.HARIPAL JUDGE
Jms/18.02
//True Copy// P.A to Judge
Crl.M.C.No.1179 of 2022
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APPENDIX OF CRL.MC 1179/2022
PETITIONER ANNEXURES
Annexure1 THE TRUE COPY OF THE ORDER DATED 28.10.2020 BY THIS HON’BLE COURT IN B.A. NO. 6715 OF 2020 Annexure2 THE CERTIFIED COPY OF THE ORDER DATED 06.11.2021 IN CRL.M.P. NO. 318 OF 2021 BY THE SESSIONS COURT, THALASSERY DIVISION
2 issues framed by the court
Whether an application for leave to go abroad by an accused who surrendered passport under High Court bail conditions should be decided by the High Court or the trial court where the case is pending.
Who has the authority to consider an application for leave to travel abroad when the condition of surrendering the passport was imposed by the High Court granting bail.
Colour shows how this judgement treated each authority
Asok Kumar v. State of KeralaExplained¶16
Asok Kumar v. State of Kerala [2009 (2) KLT 712]
Afasl P.P.
State of Kerala
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K. Haripal
Parties & counsel
