IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Friday, the 17th day of June 2022 / 27th Jyaishta, 1944
CRL.M.APPL.NO.3/2021 IN BAIL APPL. NO. 1708 OF 2014
CRIME NO.761/2011 OF Kunnamkulam Police Station, Thrissur
PETITIONER/PETITIONER:
DHANESH DHARMAN, AGED 20 YEARS, S/O DHARMAN, MUTHIRANPARAMBATH
HOUSE, CHERUKUNNU ROAD, KUNNAKULAM.P.O., THRISSUR DISTRICT-680503.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE KUNNAMKULAM POLICE STATION, THRISSUR-680503.
3. XXX
Petition praying that in the circumstances stated therein the High
Court be pleased to lift condition No."C" and "e" in the bail order datd
13/03/2014 in B.A.NO.1708/2014 and may direct the jurisdictional
Magistrate to release of the original passport of the petitioner and also
may kindly permit the petitioner to leave the State of Kerala.
This petition again coming on for orders upon perusing the
application and this court's Final order dated 13/03/2014 in
B.A.NO.1708/2014 and interim order dated 18.11.2021 in crl ma 1/2021 in BA
1708/2014 and upon hearing the arguments of M/S ARUN.B.VARGHESE,
AISWARYA V.S., VARNA MANOJ, Advocates for the petitioner and Public
Prosecutor for the R1 & R2 and SRI.RAJIT Advocates for the R3, the court
passed the following:
BECHU KURIAN THOMAS, J.
===========================
Crl.M.A.No.3 of 2021
in
B.A. No.1708 of 2014
============================
Dated this the 17th day of June, 2022
ORDER
This is an application to lift condition Nos. (c) and (e) in the order dated 13.03.2014 in B.A.No.1708/2014 and to release the original passport of the petitioner.
2. By judgment dated 13.03.2014 in B.A.No.1708/2014, this Court had imposed six conditions. Though petitioner had filed an application earlier, to lift condition Nos. (b) and (c), this Court lifted only condition No.(b) and refused to vary condition No.(c). It is in such circumstances that the present application has been filed. Condition No.(c) relates to deposit of the original passport with the jurisdictional Magistrate, while condition No.(e) states that 'the accused shall not leave the State of Kerala without permission of the Court'.
3. Shri.Arun B. Varghese, the learned counsel for the petitioner submitted that the conditions have been in existence for the last eight years and is causing great prejudice to the petitioner. It was Crl.M.A.No.3 of 2021 in B.A. No.1708 of 2014 2 also pointed out that the right to travel outside Kerala as well as outside the country has been restrained by the aforesaid condition and that too, in existence for the last eight years.
4. Having regard to the circumstances pointed out by the learned counsel for the petitioner, I am satisfied that the restraint on the travel outside the State ought to be lifted.
5. Accordingly, condition No.(e) in the order dated 13.03.2014 shall stand deleted.
6. As far as condition No.(c) is concerned, the passport having been surrendered before the jurisdictional Court, it is clarified that the said Court shall be at liberty to consider any application for release of the passport. If an application to that extent is preferred, the jurisdictional Court shall be free to decide the question untrammeled by any direction or finding of this Court for ensuring the presence of the accused during trial is secured.
This application is disposed of.
Sd/-
BECHU KURIAN THOMAS JUDGE ssa/ 17-06-2022 /True Copy/ Assistant Registrar