Crl.M.C.No.1226/2022 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. 1226 OF 2022
AGAINST THE ORDER/JUDGMENT IN SC 794/2021 OF ADDITIONAL
SESSIONS COURT (ADHOC)-II, KOLLAM
PETITIONER/PETITIONER/2ND ACCUSED:
ARUN. T. KRISHNAN,
AGED 23 YEARS,
S/O.GOPALAKRISHNAN, 'ANJANAM', THATTAOKONAM POST,
PEROOR, RAYALIL, KOLLAM TALUK,
KOLLAM DISTRICT, PIN - 691 005.
BY ADV.M.G.JEEVAN
RESPONDENT/RESPONDENT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI, PIN - 682 031.
SRI.M.P.PRASHANTH -SR.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.1226/2022 2
ORDER
The petitioner has approached this Court challenging Annexure-4 order passed by the Additional Assistant Sessions Court, Kollam. As per the aforesaid order the application submitted by the petitioner for modifying the condition imposed by the court while granting bail to him was rejected.
2. The petitioner is the 2nd accused in S.C.No.794 of 2021 on the file pending before the Additional Assistant Sessions Court, Kollam. The aforesaid case arises from Crime No.1000 of 2019 of Kilikolloor Police Station, which was registered for the offences punishable under Sections 143, 147, 148, 323, 308 and read with Section 34 of IPC. The petitioner was granted bail by the Principal Sessions Court, Kollam as per Order dated 18.12.2019 in Crl.M.C.No.2071 of 2019. One of the conditions imposed in the aforesaid order of bail was that the petitioner shall surrender his passport before the court within seven days from the date of release. It is reported that in compliance with the aforesaid order the passport was surrendered. Subsequently, the petitioner filed Crl.M.P.No.93 of Crl.M.C.No.1226/2022 3 2021 before the Additional Assistant Sessions Court, Kollam seeking permission to release the passport which was rejected as per Annexure-4 order.
3. Heard Sri.M.G.Jeevan, learned counsel for the petitioner and Sri.M.P.Prasanth, learned Public Prosecutor for the State.
4. It is seen from Annexure-4 order that the only reason stated by the learned Additional Assistant Sessions Judge for rejecting the aforesaid application is that, as per the order passed by the Sessions Court, the conditions imposed cannot be modified during the period stipulated. However, it is to be noted that the aforesaid condition was imposed at the crime stage and subsequently final report has been submitted and cognizance thereon has already been taken by the court having jurisdiction in this regard. In such circumstances, I do not find any justification in declining the prayer sought for by the petitioner to release the passport.
5. In such circumstances, Annexure-4 order passed by the Additional Assistant Sessions Court is set aside. Additional Assistant Sessions Court is directed to release the passport of Crl.M.C.No.1226/2022 4 the petitioner subject to following conditions:
1) Petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the court concerned.
2) Petitioner shall undertake that before leaving the country, prior permission shall be obtained from the trial court after producing necessary travel documents for the same.
This Crl.M.C. is disposed of as above.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/7.7.22 Crl.M.C.No.1226/2022 5 APPENDIX OF CRL.MC 1226/2022 PETITIONER ANNEXURES Annexure-1 TRUE COPY OF FIR IN CRIME NO. 1000/2019 OF KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT DATED 7.11.2019 Annexure-2 TRUE COPY OF BAIL ORDER DATED 18.12.2019 IN CRL.M.C. NO. 2071/2019 OF THE PRINCIPAL SESSIONS COURT, KOLLAM Annexure-3 TRUE COPY OF C.M.P. NO. 93/2021 IN S.C.
NO. 794/2021 OF ADDITIONAL ASSISTANT SESSIONS COURT, KOLLAM DATED 5.10.2021 Annexure-4 CERTIFIED COPY OF THE ORDER DATED 16.11.2021 IN CRL. M.P. NO. 93/2021 IN S.C. NO. 794/2021 OF THE ADDITIONAL SESSIONS COURT, KOLLAM