Crl.M.C.No.4279/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
CRL.MC NO. 4279 OF 2022
CRIME NO.400/2018 OF Valappatanam Police Station, Kannur
AGAINST THE ORDER/JUDGMENT IN CRMP 2450/2022 OF DISTRICT
COURT & SESSIONS COURT,THALASSERY
CRMC 679/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
KANNUR
PETITIONER/PETITIONER/1ST ACCUSED:
FAVAS P.
AGED 26 YEARS,
S/O.MOIDEEN,
RESIDING AT "AMINA MANZIL,
KATTILE PALLI, KANNUR, PIN - 670 561.
BY ADVS.M.K.SUMOD
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
PRAJIT RATNAKARAN
RAJ CAROLIN V.
VIDYA M.K.
RESPONDENTS/COMPLAINANT & STATE:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA,ERNAKULAM, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
VALAPATTANAM POLICE STATION,
VALAPATTANAM, KANNUR, PIN - 670 006.
BY SRI.SUDHEER GOPALAKRISHNAN, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4279/22 2
ORDER
The petitioner is the 1st accused in Crime No.400 of 2018 of Valapattanam Police Station, registered for the offences punishable under Sections 341, 324 and 308 read with 34 of IPC. Initially, crime was registered for the offences punishable under Sections 341 and 324 read with 34 IPC. Later, the offence under Section 308 was also incorporated when the final report was submitted.
2. The police submitted a final report in this case without arresting the petitioner, showing that the petitioner was absconding. It is the case of the petitioner that he was working abroad at the relevant time. Later, the Judicial Magistrate of First Class took cognizance of the said offence and since the petitioner was absconding, the same was included in the Long Pending Register. Later, when the petitioner came to his native place, he surrendered before the court and was remanded to judicial custody. Subsequently, as per Annexure-A1 order dated 30.05.2022, he was granted bail. One of the conditions imposed was that he should surrender his passport. In compliance with the aforesaid direction, he surrendered his passport. Crl.M.C.No.4279/22 3
3. Later, the petitioner submitted Crl.M.P.No.2450 of 2022 in Crl.M.C No.679 of 2022 seeking the release of the passport on the ground that unless the same is released to the petitioner, and he is permitted to go abroad, he will be deprived of his employment. However, the aforesaid application was dismissed by the learned Sessions Judge as per Annexure-A7 order. This Crl.M.C. is filed by challenging the aforesaid order.
4. Heard Sri.M.K.Sumod, learned counsel for the petitioner and Sri.Sudheer Gopalakrishnan, learned Public Prosecutor for the State.
5. The contention put forward by the learned counsel for the petitioner is that the petitioner is presently working abroad and if he is not permitted to go abroad by releasing his passport, he will lose his employment and to substantiate the same, he places reliance upon Annexure-A5. Annexure-A5 is a document by which intimation has been given to the petitioner for terminating the employment if he is not reporting for duty. Further, it is pointed out by the learned counsel for the petitioner that now the proceedings against the petitioner are pending as C.P.No.19 of 2022 and the trial of the said case is likely to take some time. Therefore, the presence of the Crl.M.C.No.4279/22 4 petitioner is not necessary at the moment and it is only appropriate that the passport be directed to be released so as to pursue his avocation for livelihood. He also expressed his willingness to abide by any condition this Court may impose.
6. On the other hand, the learned Public Prosecutor would oppose the aforesaid application. It is pointed out that the learned Sessions Judge dismissed the prayer sought by the petitioner by taking note of the fact that the petitioner was not cooperating with the trial during the initial stage and the condition of the surrender of passport was imposed while granting the bail, in such circumstances. Therefore, no circumstances are in existence warranting any interference in the said case.
7. It is true that the petitioner surrendered before the court only in the year 2022, even though the crime was registered in 2018. The explanation offered by the learned counsel for the petitioner is that as he was working abroad, he was unaware of the aforesaid proceedings. Whatever that be, the fact remains that the committal proceedings are of the year 2022 and the trial of the case is likely to take some time. The documents produced by the petitioner indicate that he is Crl.M.C.No.4279/22 5 working abroad. Merely because of the reason that the petitioner is implicated in an offence, the means of livelihood of the petitioner need not be curtailed. If measures are taken to ensure the presence of the petitioner as and when required before the court, there is no harm in allowing the petitioner to go abroad. In my view, even while adopting measures for securing the presence of the accused before the court, it is also to be ensured that his livelihood is not affected on account of the ongoing procedure. A balance has to be maintained between both the requirements above. Thus, by taking note of the relevant aspects, I am inclined to show some indulgence in the matter by permitting the petitioner to go abroad and to direct the release of the passport with some conditions to ensure his presence whenever necessary before the court.
8. In the result, this Crl.M.C. is disposed of by setting aside the Annexure-A7 order. It is directed that the passport of the petitioner shall be released to him subject to the following conditions.
i) the petitioner shall execute a bond for Rs.2,00,000/- with two solvent sureties each for the like sum, and one of such surety shall be his near relative.
Crl.M.C.No.4279/22 6
ii) the petitioner shall undertake before the committal court that he shall appear before the court as and when required.
(iii) Before leaving the country, the petitioner shall produce the attested copies of travel documents and furnish the address of the place of residence abroad, contact number, WhatsApp number and e-mail address to the jurisdictional court.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/11.7.22 Crl.M.C.No.4279/22 7 APPENDIX OF CRL.MC 4279/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER IN CRL MC 679/2022 DATED: 30/05/2022 OF THE COURT OF SESSION, THALASSERY Annexure A2 TRUE COPY OF THE INDIAN PASSPORT OF THE PETITIONER Annexure A3 TRUE COPY OF THE UAE RESIDENCY PERMIT ISSUED BY THE GOVERNMENT OF UAE Annexure A4 TRUE COPY OF THE PETITIONER'S AADHAR CARD WITH NUMBER 487139567347 Annexure A5 TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER'S EMPLOYER TO THE PETITIONER Annexure A6 TRUE COPY OF THE ORDER IN CRL MP 2287/22 IN CP 19/22 DATED: 04/06/22 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-II, KANNUR Annexure A7 CERTIFIED COPY OF THE ORDER IN CRL MP NO. 2450/2022 IN CRL MC NO. 679/2022 DATED 28.6.2022