Kerala High Court
Haris Ahmed Bolar vs Central Bureau Of Investigation on 5 September, 2024
2024:KER:68000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
CRL.MC NO. 5707 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1 OF 2023 OF
SPE/CBI - III, ERNAKULAM
PETITIONER/ACCUSED NO.20:
HARIS AHMED BOLAR
AGED 49 YEARS
S/O. AHMED, MUKKACHERRY HOUSE, KAICO ROAD, ULLAL,
MANGALORE KARNATAKA, PIN - 574117
BY ADVS.
R.ANAS MUHAMMED SHAMNAD
C.C.ANOOP
RESPONDENT/COMPLAINANT:
CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY THE INSPECTOR OF POLICE, CBI/ACB,
COCHIN, ERNAKULAM THROUGH THE SPECIAL PUBLIC
PROSECUTOR, CENTRAL BUREAU OF INVESTIGATION,
PIN - 682017
BY
ADV.SREELAN N.WARRIER-SPECIAL PUBLIC PROSECUTOR, C.B.I.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 5707 of 2024
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O R D E R
Dated this the 5th day of September, 2024 This Criminal Miscellaneous Case is preferred by accused no.20 in C.C.No.1/2023 pending before the Additional Special Sessions Judge (SPE/C.B.I.)- III, Ernakulam. The offences alleged are under Section 120B, read with Section 409 of the Penal Code and Sections 7, 8 and 12 of the Prevention of Corruption Act.
2. Petitioner is aggrieved by Annexure-A1 order of the above Special Court in Crl.M.P. No.398/2024, as per which, the petitioner was only permitted to travel abroad for a period of six months, with a condition that the said permission is granted only for one onward and one return journey.
Crl.M.C.No. 5707 of 2024
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3. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor(C.B.I.).
4. Learned counsel for the petitioner would submit that, the restriction for a single onward and single return journey incorporated in Annexure-A1 order affects his right to travel, emanating from Article 19 and 21 of the Constitution. Learned counsel would elaborate practical situations, where the petitioner may have to travel, on more occasions than one, say in connection with the disease or death of his close relatives. Learned counsel would submit that, it is not practicable to seek permission of the Special Court on every occasion, especially when such travel is necessitated emergently. On such premise, petitioner seeks Annexure-A1 order to be set aside, insofar as it imposes restrictive conditions for travel as referred above. Crl.M.C.No. 5707 of 2024
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5. This submission was seriously opposed by the learned Special Public Prosecutor. It was pointed out that, the case has been registered on the allegation that accused persons, including the petitioner, have bribed the customs officials to enable smuggling during the course of their travel. Having regard to the very nature of the allegations leveled, frequent travel of the accused persons, including the petitioner, has to be curbed, as otherwise, it may provide room for repetition of similar crimes. Learned Special Public Prosecutor would point out that, the grievance now espoused by the petitioner is a grievance, which is common to every Non Resident Indian (N.R.I.), who takes up employment in a Gulf country, where restrictions on travel is even imposed by the employer. Learned Special Public Prosecutor would invite the attention of this Court to ground no.(g) of the Crl.M.C., urging the Crl.M.C.No. 5707 of 2024 ..5..
2024:2024:KER:68000 necessity to travel frequently since the petitioner is a salesman, to point out that the need now espoused on the basis of emergent situations is not what is pleaded.
6. Having heard the learned counsel for the petitioner and the learned Special Public Prosecutor, this Court finds no reason to interfere with Annexure-A1 order. This Court takes stock of the nature of the allegations leveled against the accused persons, including the petitioner, and viewed from that angle, frequent travel of the accused persons to India cannot be permitted, as rightly canvassed by the learned Special Public Prosecutor. Permissions in tune with the rights of the petitioner as flowing from Article 19 and 21 of the Constitution have already been afforded in the impugned order. The petitioner has been permitted to travel abroad to take up his employment therein, but such right of Crl.M.C.No. 5707 of 2024 ..6..
2024:2024:KER:68000 travel is restricted by one onward and return journey. The obvious purpose for such restriction/ stipulation is to prevent frequent travel, thereby, plugging the possibility of a similar criminal activity, as has been alleged to have been committed in the instant crime. No exception, whatsoever, can be taken to the said view of the learned Special Judge. In the circumstances, this Criminal Miscellaneous Case would stand dismissed.
7. However, taking into account the request made by the learned counsel for the petitioner as regards the requirement for travel, which may arise because of emergent situation, it is clarified that the petitioner, upon reaching India on account of an emergent situation, if any, will be at liberty to move the Special Court seeking further permission for travel. If the Special Court is satisfied that the petitioner was constrained to travel in connection with an Crl.M.C.No. 5707 of 2024 ..7..
2024:2024:KER:68000 emergent situation, thereby exhausting his option for return journey, it will be open for the Special Court to grant further permission for travel. Needless to say that, the objections, if any, of the respondent/C.B.I., will also be considered before issuing such orders granting permission for travel. This order will not preclude the petitioner from moving any fresh application seeking permission to travel, in case he had already exhausted the permission for one return journey granted by Annexure-A1 order. Such application, if any, will be considered by the learned Special Judge on merits, in accordance with law.
Sd/-
C. JAYACHANDRAN JUDGE TR Crl.M.C.No. 5707 of 2024 ..8..
2024:2024:KER:68000 APPENDIX OF CRL.MC 5707/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER DATED 13.06.2024 IN CRL. M.P 398/ 2024 IN C.C 1/2023 BY HON'BLE COURT OF ADDITIONAL SPECIAL SESSIONS JUDGE (SPE/CBI)-III, ERNAKULAM