Afsal P P vs Sho
2021 Latest Caselaw 12207 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR. JUSTICE K.HARIPAL

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                      Crl.MC.No.2379 OF 2021(F)

AGAINST THE ORDER/JUDGMENT IN CP 5/2021 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS -II, KANNUR

          CRIME NO.96/2020 OF MAYYIL POLICE STATION, KANNUR


PETITIONER/ACCUSED NO.1:

              AFSAL P P
              AGED 36 YEARS
              S/O.MUSTHAFA, AFSAL MANZIL, MANNA, MAITHANI ROAD,
              KANNDIPARAMBA, MAYYIL, KANNUR DISTRICT-670 604

              BY ADVS.
              SRI.P.K.VARGHESE
              SRI.P.S.ANISHAD

RESPONDENTS/COMPLAINANT:

      1       SHO,
              MAYYIL POLICE STATION, KANNUR DISTRICT, KANNUR
              DISTRICT-670 001

      2       STATE OF KERALA,
              REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA, ERNAKULAM-682 031



              SR. PP, SANTHOSH PETER


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.No.2379 OF 2021
                                       2




                                   ORDER

This is an application filed under Section 482 of the

Cr.P.C., seeking interference with the order of the Judicial First

Class Magistrate-II, Kannur, by which the petitioner's

application for returning the passport stands dismissed.

2. The petitioner is the first accused in Crime

No.96/2020 of Mayyil Police Station, in Kannur district

registered alleging offence under Sections 341, 323, 326,

506(ii) and 308 read with 34 of I.P.C. After completion of

investigation, now charge sheet has been laid and the case is

awaiting committal.

3. Heard the learned counsel for the petitioner. The

passport was surrendered before the court, based on the

condition imposed by this Court, while granting bail. He is

working abroad in UAE. Now he has to rejoin duty, failing

which the employer will retrench his service. Therefore, he

has sought an order to return the passport.

4. I heard the learned Public Prosecutor also. The case

is only at the stage of committal. In all probability, trial of the CRL.M.C.No.2379 OF 2021

case may take further time. Pending the proceedings, I think it

is only in the interest of justice that the passport be returned to

the petitioner enabling him to leave the country. At the same

time, his presence will have to be ensured before the

committal/trial court as the case may be, as and when insisted

upon by the court. In the circumstances, the passport can be

returned, subject to the following conditions.

i. He shall make a security deposit of Rs.1,00,000/- (Rupees one lakh only) before the committal/trial court, within thirty days from today, which shall be refunded on termination of the trial proceedings; ii. He shall file an affidavit, stating his address in UAE and also undertaking that as and when necessary, he shall make himself available before the trial court.

The Criminal Miscellaneous Case is disposed of

accordingly.

Sd/-

K.HARIPAL JUDGE NB/23.4.21 CRL.M.C.No.2379 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-A1 A TRUE COPY OF THE ORDER DATED 05.03.2021 IN C.M.P. 594/2021 IN CP NO.05/2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A TO JUDGE