Kerala High Court
Shamsudeen vs State Of Kerala on 30 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
CRL.MC NO. 3666 OF 2024
CRIME NO.278/2008 OF YEROOR POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT IN SC NO.1801 OF 2019 OF ASSISTANT
SESSIONS COURT/SUB COURT AT PUNALUR, KOLLAM.
PETITIONER/ACCUSED NO.8:
SHAMSUDEEN,
AGED 56 YEARS,
S/O. P.S. KHAN, PARAVILA HOUSE,
VILAKUPARA MURI, AYIRANELUR P.O., KOLLAM, PIN - 691307
BY ADVS.
S.NITHIN (ANCHAL)
GOKUL D. SUDHAKARAN
RESPONDENT/STATE AND COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
YEROOR POLICE STATION, KOLLAM, PIN - 691312
3 THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, SNSM BUILDINGS, PETTA,
KARALKADA JN. KAITHAMUKKU P.O.,
THIRUVANANTHAPURAM, PIN - 695024
BY ADVS.
ACHUTH KRISHNAN R
KRISHNA T C
SRI. NOUSHAD. K. A - SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3666 OF 2024
2
ORDER
Heard the learned counsel for the petitioner, the learned Central Government Senior Panel Counsel representing the 3rd respondent and the the learned Public Prosecutor representing the respondents 1 and
2.
2. It is submitted by the learned counsel for the petitioner that the apprehension expressed by the learned Assistant Sessions Judge, Punalur, in the order dated 12.04.2024, which is under challenge in this proceeding, could be allayed by the submission of the new passport before the said court, so that it could be retained pending the disposal of the case.
3. Having regard to the above submission of the learned counsel for the petitioner as well as the submissions of the learned Central Government Senior Panel counsel and the learned Public Prosecutor, it appears to be expedient in the interest of justice to pass an order in this matter upon the following CRL.MC NO. 3666 OF 2024 3 terms:
1. The 3rd respondent is directed to re-
issue passport to the petitioner if the application, if any, submitted by him for the said purpose is otherwise in order.
2. Upon receipt of the re-issued passport, the petitioner shall surrender the same before the trial court within seven days from the date of receipt of the same.
3. The passport so surrendered before the trial court shall be released subject to the disposal of the case as against the petitioner. It is made clear that the Trial Court will be empowered to order the release of the passport so surrendered, upon appropriate conditions, if cogent reasons are brought out in an application filed for that purpose during the pendency of the case.
4. The order under challenge stands superseded upon the above terms.
The Crl.M.C. is disposed of accordingly.
Sd/-
G.GIRISH, JUDGE msp CRL.MC NO. 3666 OF 2024 4 APPENDIX OF CRL.MC 3666/2024 PETITIONER ANNEXURES Annexure I TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER IN CRL.M.P. NO. 66/2024 IN L.P. 1/ 2020 OF THE ASSISTANT SESSIONS JUDGE, PUNALUR , DATED 26.03.2024 Annexure II TRUE COPY OF THE ORDER DATED 12.04.2024 IN CRL. M.P. NO. 66/2024 IN L.P. 1 / 2020 OF THE SESSIONS COURT, PUNALUR DIVISION