Crl.MC.5685/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
Crl.MC.No.5685 OF 2020(A)
AGAINST THE ORDER/JUDGMENT IN SC 6/2015 OF DISTRICT COURT,
KAVARATHY
CRIME NO.8/2006 OF Anthroth Police Station , Lakshadweep
PETITIONER/S:
UBAIDULLA
AGED 41 YEARS
S/O. SAYED AHAMMED KOYA THANGALA, RESIDING AT
KOMALAN PURADUM, ANDROT, UNION TERRITORY OF
LAKSHADWEEP
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
SRI.SHAHID AZEEZ
SMT.CHANDRALEKHA SANU
RESPONDENT/S:
1 THE UNION TERRITORY OF LAKSHADWEEP
REPRESENTED BY ITS STANDING COUNSEL/PUBLIC
PROSECUTOR, UNION TERRITORY OF LAKSHWEEP, HIGH
COURT OF KERALA AT ERNAKULAM-682 031
2 THE STATION HOUSE OFFICER,
ANDROTT POLICE STATION, UNION TERRITORY OF
LAKSHASWEEP-671 551
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.5685/2020 2
V.G.ARUN, J.
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CRL.M.C.No. 5685 of 2020
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Dated this the 1st day of February, 2021
ORDER
Petitioner is the 11th accused in Crime No.8 of 2006 of the Andrott Police Station. After completion of investigation, final report was laid alleging commission of offences punishable under Sections 341, 324, 326, 307 read with 34 of IPC. Pursuant to summons issued by the committal court, accused 1 to 10 appeared and the case against them was committed to the Sessions Court, Kavaratti and taken on file as S.C.No.1 of 2008. Accused 1 to 10 faced trial in the case. Vide Annexure A2 judgment, the Sessions Court convicted accused 1 to 5, 9 and 10 for the offences punishable under Sections 341, 324, 307 read with 34 of IPC and acquitted accused Nos.6, 7 and 8.
2. According to the petitioner, as he was employed in Merchant Navy, he was unable to appear before the committal court and consequently, the case against him was split up and included in the Long Pending Register as L.P.No.3 of 2007. By Annexure A4 order, the committal court granted bail to the petitioner, subject to conditions. Condition No.2 in Annexure A4 required the petitioner to surrender his passport. Even though petitioner challenged the condition, the Sessions Court refused to release the passport and observed that the passport will be released later when such need arises and on the lower Crl.MC.5685/2020 3 court being convinced of the need. The petitioner challenged Annexure A5 in Crl.M.C.No.1593 of 2020, but that petition was subsequently withdrawn. In the meanwhile, the petitioner got admission for higher studies at the Jhon Moore University, Liverpool. Thereupon, the petitioner approached the Sessions Court, Kavaratti seeking permission to renew his passport and to leave India. That petition was allowed vide Annexure A6 order. This Crl.M.C is filed aggrieved by condition Nos.(g), (i) and (j) in Annexure A6, which are extracted hereunder;
"(g) A copy of this order will be communicated to the Regional Passport Officer, Kochi and they shall in turn inform the Indian Embassy in the foreign country and other authorities therein on the tenure of permission granted to the petitioner for leaving India.
(i) Intimate the University authorities of Jhon Moore University Liverpool that the petitioner/accused shall not violate any of the above conditions granted for exempting his personal appearance.
(j) The petitioner/accused shall produce a letter from the institution concerned regarding knowledge about the above order and also produce a prospectus showing to substantiate the circumstances to travel abroad as part of curriculum."
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. According to the learned counsel for the petitioner, absolutely no purpose would be served by the objectionable conditions, other Crl.MC.5685/2020 4 than making it impossible for the petitioner to pursue his higher studies. Further, John Moore University being a foreign University, the authorities of that University will not be willing to issue a letter in terms of condition Nos. (i) and (j). It is contended that the other conditions in Annexure A6 are more than sufficient to ensure the petitioner's participation and presence before the Sessions Court as and when required.
5. I find substance in the contention urged by the learned counsel for the petitioner. Annexure A6 contains sufficient safeguards to ensure petitioner's presence and participation, as and when required by the Sessions Court. The Sessions Court having permitted the petitioner to leave India for a specified period of one year, there is no requirement to inform the Indian Embassy in U.K regarding the tenure of permission granted to the petitioner. As rightly contended, condition Nos.(i) and (j) will only make the University authorities hesitant to admit the petitioner for pursuing his higher studies, which would defeat the very purpose for which permission is granted.
In the result, condition Nos (g), (i) and (j) in Annexure A6 order are set aside, subject to the petitioner scrupulously complying with the other conditions in the order.
Sd/-
V.G.ARUN, JUDGE vgs Crl.MC.5685/2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 THE TRUE COPY OF THE FINAL REPORT DATED 17.11.2006 IN CRIME NO.8/2006 OF ANDROTT POLICE STATION ANNEXURE-A2 THE TRUE COPY OF THE JUDGMENT DATED 18.12.2012 IN SC NO.1/2008 ON THE FILES OF THE COURT OF SESSION, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP ANNEXURE-A3 THE TRUE COPY OF THE ORDER DATED 2/12/2011 IN CRL MC NO.4112/2011 ON THE FILES OF THIS HONOURABLE COURT ANNEXURE-A4 THE TRUE COPY OF THE ORDER DATED 14.12.2011 IN CRL MP NO.29/2011 IN L.P.NO.3/2007 ON THE FILE OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATES COURT, ANDROTT ANNEXURE-A5 THE TRUE COPY OF THE ORDER DATED 9.7.2012 IN CRL MP 1860/2012 ON THE FILES OF THE LEARNED SESSIONS COURT, KOZHIKODE IN CHARGE OF THE LEARNED SESSIONS KAVARATTI ANNEXURE-A6 THE TRUE COPY OF THE ORDER DATED 8.10.2020 IN CRL.M.P.NO.44/2020 IN S.C.NO.6/2015 ON THE FILES OF THE LEARNED SESSIONS COURT, KAVARATTI ANNEXURE-A7 THE TRUE COPY OF THE ORDER DATED 2.11.2020 IN CRL MC NO.1593/2020 ON THE FILES OF THIS HONOURABLE COURT