Arun Thomas vs State Of Kerala

Kerala High Court

Arun Thomas vs State Of Kerala on 17 May, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

   FRIDAY, THE 17TH DAY OF MAY    2024 / 27TH VAISAKHA, 1946

                     CRL.MC NO. 3806 OF 2024

 CRIME NO.685/2023 OF KODUMON POLICE STATION, PATHANAMTHITTA

AGAINST THE ORDER/JUDGMENT DATED 17.04.2024 IN CMP NO.1187 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA


PETITIONER:
        ARUN THOMAS AGED 32 YEARS S/O THOMAS GEORGE,
        MELATHIL GEO HOUSE,      EDATHITTA,   KODUMON,
        PATHANAMTHITTA., PIN - 691555
        BY ADVS. SAYUJYA K.R.RAJEEV KRISHNAN ASWATHY PAVITHRAN
        N.RAGHURAJ (SR.)(K/114/1986)


RESPONDENT:
        STATE OF KERALA REPRESENTED BY THE SUB-INSPECTOR OF
        POLICE,     KODUMON POLICE STATION,    PATHANAMTHITTA,
        THROUGH THE PUBLIC PROSECUTOR,        HIGH COURT OF KERALA.,
        PIN - 682031
        BY SR.PP - SREEJA P.


    THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No. 3806 of 2024         : 2:




                       VIJU ABRAHAM , J.
             ===========================
                   Crl.M.C. No. 3806 of 2024
            ============================
              Dated this the 17th day of May, 2024

                              ORDER

The above criminal miscellaneous case is filed challenging Annexure A8 order, whereby the request of the petitioner for release of the passport was rejected.

2. Petitioner is an accused in Crime No.685/2023 of Kodumon Police Station, registered based on a complaint filed by the wife of the petitioner alleging commission of offence punishable under Sections 498 A and 34 of the Indian Penal Code.

3. Petitioner obtained Annexure A4 anticipatory bail from this Court wherein a direction was issued to surrender his passport before the investigating officer and in case he does not have a passport, to file an affidavit with that effect. Following the direction contained in Annexure A4 bail order petitioner appeared before the investigating officer and co-operated with the investigation and that no arrest has been made and a notice under Section 41 A of the Cr.PC alone was served on the petitioner. The petitioner was asked to surrender his passport and he had complied with the said direction and thereafter the passport has been submitted by the Crl.M.C. No. 3806 of 2024 : 3: investigating officer before the Judicial Magistrate of First Class-II, Pathanamthitta.

4. Petitioner was working abroad and if he does not return back abroad he will lose his employment. Thereupon petitioner filed Annexure A7 application before the Jurisdictional Court seeking release of his passport which was rejected by Ext.P8 order. The reasons stated in Ext.P8 is mainly that one of the condition imposed by the High Court while granting anticipatory bail is to surrender his passport before the investigating officer and further that the petitioner was directed to appear before the investigating officer for a period of three months, the period of which is not over.

5. The learned Public Prosecutor upon instruction submitted that the investigation is over and the petitioner was never arrested and he appeared on issuance of Section 41 A notice.

6. The passport has been handed over to the investigating officer though he was not arrested as part of the investigation and further that the chargesheet has already been laid, and therefore it is not necessary for the petitioner to appear before the investigating officer as directed in the Annexure A4 order. In view of the above, I am of the view that the stand taken by the jurisdictional Court in Annexure A8 order cannot be sustained. It is a fact that the petitioner is employed abroad and if he does not Crl.M.C. No. 3806 of 2024 : 4: return back he will lose his employment. For the reason that the petitioner is involved in a crime does not mean that petitioner cannot travel abroad in connection with his employment. Therefore, I am of the view that the matter requires reconsideration.

Accordingly Annexure A8 order is set aside with a consequential direction to the jurisdictional Court to reconsider Annexure A7 application for release of the passport at the earliest, at any rate within an outer limit of 10 days from the date of receipt of a copy of this order.

Sd/-

VIJU ABRAHAM JUDGE sbk/-

APPENDIX OF CRL.MC 3806/2024 PETITIONER ANNEXURES Annexure A1 A TRUE PHOTOCOPY OF THE PASSPORT ISSUED BY THE GOVERNMENT OF INDIA TO THE PETITIONER.DATED.19.10.2020 Annexure A2 A TRUE PHOTOCOPY OF O.P(DIV.) NO.2167 OF 2023 FILED BEFORE THE HON'BLE FAMILY COURT, MAVELIKARA. DATED.11,.12.2023 Annexure A3 A TRUE PHOTOCOPY OF FIR NO.685 OF 2023 REGISTERED BY KODUMON POLICE STATION, PATHANAMTHITTA. DATED.13.12.2023 Annexure A4 A TRUE PHOTOCOPY OF THE JUDGMENT DT.21.03.2024 IN B.A NO.1994 OF 2024 PASSED BY THIS HON'BLE COURT. Annexure A5 A TRUE PHOTOCOPY OF THE UAE RESIDENCE PERMIT CARD BEARING NO.784-1992-5972148-0 OF THE PETITIONER ALONG WITH HIS JOB DETAILS.DATED.12.7.2023 Annexure A6 A TRUE PHOTOCOPY OF THE CAROTID DOPPLER STUDY REPORT DT.13.01.2024 OF THE PETITIONER ALONG WITH DATE OF NEXT APPOINTMENT.

Annexure A7 A TRUE PHOTOCOPY OF THE PETITION NUMBERED AS CRL.M.P NO.1187 OF 2024 ON THE FILES OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS-II, PATHANAMTHITTA. DATED.11.4.2024 Annexure A8 A TRUE PHOTOCOPY OF THE ORDER DT.17.04.2024 IN C.M.P NO.1187 OF 2024 PASSED BY THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS- II, PATHANAMTHITTA.

Annexure A9 A TRUE COPY OF THE EMAIL DT.13.05.2024 CONFIRMING THE APPOINTMENT OF THE PETITIONER AT AL AHLI HOSPITAL, ABU DHABI Annexure A TRUE COPY OF THE EMAIL DT.10.05.2024 FROM THE A10 EMPLOYER OF THE PETITIONER