Single judge of Kerala HC dismissed Criminal Misc. Case seeking permission for accused No. 2 to visit Saudi Arabia. The court held that serious allegations including murder made him not a fit case for travel abroad pending trial.
Criminal Misc. Case 506/2022 was dismissed denying permission to leave India.
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
MONDAY, THE 14TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943
CRL.MC NO. 506 OF 2022
AGAINST THE ORDER DATED 17.01.2022 IN CMP 160/2022 IN CP 17/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PERINTHALMANNA IN CRIME NO.27/2021 OF THE MELATTUR POLICE STATION, MALAPPURAM DISTRICT. PETITIONER/PETITIONER/ACCUSED NO.2:
MOYIN@VAPPU AGED 47 YEARS S/O.MAMMUTTY, KIZHAKKUMPARAMBAN HOUSE, MADRASAPPADY, ORAVUMPURAM P.O., MALAPPURAM DISTRICT, PIN - 679 325. BY ADV K.RAKESH
RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682 031. 2 THE STATION HOUSE OFFICER MELATTUR POLICE STATION, MALAPPURAM DISTRICT, PIN - 679 326. SR.PP - SMT. SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.506 of 2022
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ORDER
Petitioner is the 2nd accused in Crime No.27/2021 of Melattur police station which was registered alleging offence punishable under Sections 120B, 341, 323, 324, 326, 450, 427, 307 and 302 read with Section 34 of the IPC for committing murder of one Aryadan Muhammad Sameer. The petitioner was arrested and on advancing investigation, was granted bail by this Court imposing conditions, among other things, that he shall not leave India without the permission of the jurisdictional court.
Crl.M.C.No.506 of 2022
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By order dated 17.01.2022, the learned Magistrate dismissed the
application. Aggrieved by the said order, he has moved this Court under Section 482 of the Cr.P.C for granting him permission to go abroad.
sequence of events indicate that he was the main culprit, who had perpetrated the crime against the deceased. In the circumstances, it is not advisable to grant him permission to go abroad. The Crl.M.C is devoid of merits and is dismissed.
again, after getting the said report on the C.C.T.V footage.
Crl.M.C is dismissed.
Sd/- K.HARIPAL JUDGE
Jms/14.02
//True Copy// P.A to Judge
Crl.M.C.No.506 of 2022
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APPENDIX OF CRL.MC 506/2022
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE COMMON ORDER DATED 7/5/2021 IN B.A.NO.3319/2021 OF THIS HON'BLE COURT. Annexure B TRUE COPY OF THE VISA ISSUED BY THE EMPLOYER OF THE PETITIONER DATED 4/1/2021. Annexure C TRUE COPY OF THE ORDER DATED 12/1/2022 IN CRL.M.P.NO.59/22 OF HON'BLE COURT SESSION, MANJERI. Annexure D TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS CRL.M.P.NO.160/2022 IN C.P.NO.17/2021 OF J.F.C.M.-II, PERINTHALMANNA DATED 10/1/2022. Annexure AE TRUE COPY OF THE ORDER DATED 17/1/2022 IN CRL.M.P.NO.160/2022 IN C.P.NO.17/2021 OF THE J.F.C.M.-II, PERINTHALMANNA.
1 issue framed by the court
Whether the appellant was a fit case to be granted permission to leave India during the pendency of the investigation in a charge-sheeted murder case.
1 provisions across 1 enactments
Moyin@Vappu
The State of Kerala
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
