Ubaidulla vs The Union Territory Of ...
2021 Latest Caselaw 3451 Ker

  Crl.MC.5685/2020                   1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                      Crl.MC.No.5685 OF 2020(A)

   AGAINST THE ORDER/JUDGMENT IN SC 6/2015 OF DISTRICT COURT,
                           KAVARATHY

    CRIME NO.8/2006 OF Anthroth Police Station , Lakshadweep


PETITIONER/S:

                UBAIDULLA
                AGED 41 YEARS
                S/O. SAYED AHAMMED KOYA THANGALA, RESIDING AT
                KOMALAN PURADUM, ANDROT, UNION TERRITORY OF
                LAKSHADWEEP

                BY ADVS.
                SRI.T.MADHU
                SMT.C.R.SARADAMANI
                SRI.SHAHID AZEEZ
                SMT.CHANDRALEKHA SANU

RESPONDENT/S:

      1         THE UNION TERRITORY OF LAKSHADWEEP
                REPRESENTED BY ITS STANDING COUNSEL/PUBLIC
                PROSECUTOR, UNION TERRITORY OF LAKSHWEEP, HIGH
                COURT OF KERALA AT ERNAKULAM-682 031

      2         THE STATION HOUSE OFFICER,
                ANDROTT POLICE STATION, UNION TERRITORY OF
                LAKSHASWEEP-671 551


OTHER PRESENT:

                SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
    Crl.MC.5685/2020                   2


                               V.G.ARUN, J.
                -----------------------------------------------
                      CRL.M.C.No. 5685 of 2020
                -----------------------------------------------
              Dated this the 1st day of February, 2021

                                ORDER

Petitioner is the 11th accused in Crime No.8 of 2006 of the Andrott

Police Station. After completion of investigation, final report was laid

alleging commission of offences punishable under Sections 341, 324,

326, 307 read with 34 of IPC. Pursuant to summons issued by the

committal court, accused 1 to 10 appeared and the case against them

was committed to the Sessions Court, Kavaratti and taken on file as

S.C.No.1 of 2008. Accused 1 to 10 faced trial in the case. Vide

Annexure A2 judgment, the Sessions Court convicted accused 1 to 5, 9

and 10 for the offences punishable under Sections 341, 324, 307 read

with 34 of IPC and acquitted accused Nos.6, 7 and 8.

2. According to the petitioner, as he was employed in Merchant

Navy, he was unable to appear before the committal court and

consequently, the case against him was split up and included in the

Long Pending Register as L.P.No.3 of 2007. By Annexure A4 order, the

committal court granted bail to the petitioner, subject to conditions.

Condition No.2 in Annexure A4 required the petitioner to surrender his

passport. Even though petitioner challenged the condition, the

Sessions Court refused to release the passport and observed that the

passport will be released later when such need arises and on the lower

court being convinced of the need. The petitioner challenged Annexure

A5 in Crl.M.C.No.1593 of 2020, but that petition was subsequently

withdrawn. In the meanwhile, the petitioner got admission for higher

studies at the Jhon Moore University, Liverpool. Thereupon, the

petitioner approached the Sessions Court, Kavaratti seeking

permission to renew his passport and to leave India. That petition was

allowed vide Annexure A6 order. This Crl.M.C is filed aggrieved by

condition Nos.(g), (i) and (j) in Annexure A6, which are extracted

hereunder;

"(g) A copy of this order will be communicated to the Regional Passport Officer, Kochi and they shall in turn inform the Indian Embassy in the foreign country and other authorities therein on the tenure of permission granted to the petitioner for leaving India.

(i) Intimate the University authorities of Jhon Moore University Liverpool that the petitioner/accused shall not violate any of the above conditions granted for exempting his personal appearance.

(j) The petitioner/accused shall produce a letter from the institution concerned regarding knowledge about the above order and also produce a prospectus showing to substantiate the circumstances to travel abroad as part of curriculum."

3. Heard the learned counsel for the petitioner and the learned

Public Prosecutor.

4. According to the learned counsel for the petitioner, absolutely

no purpose would be served by the objectionable conditions, other

than making it impossible for the petitioner to pursue his higher

studies. Further, John Moore University being a foreign University, the

authorities of that University will not be willing to issue a letter in

terms of condition Nos. (i) and (j). It is contended that the other

conditions in Annexure A6 are more than sufficient to ensure the

petitioner's participation and presence before the Sessions Court as

and when required.

5. I find substance in the contention urged by the learned counsel

for the petitioner. Annexure A6 contains sufficient safeguards to ensure

petitioner's presence and participation, as and when required by the

Sessions Court. The Sessions Court having permitted the petitioner to

leave India for a specified period of one year, there is no requirement

to inform the Indian Embassy in U.K regarding the tenure of permission

granted to the petitioner. As rightly contended, condition Nos.(i) and (j)

will only make the University authorities hesitant to admit the

petitioner for pursuing his higher studies, which would defeat the very

purpose for which permission is granted.

In the result, condition Nos (g), (i) and (j) in Annexure A6 order

are set aside, subject to the petitioner scrupulously complying with the

other conditions in the order.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A1 THE TRUE COPY OF THE FINAL REPORT DATED 17.11.2006 IN CRIME NO.8/2006 OF ANDROTT POLICE STATION

ANNEXURE-A2 THE TRUE COPY OF THE JUDGMENT DATED 18.12.2012 IN SC NO.1/2008 ON THE FILES OF THE COURT OF SESSION, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP

ANNEXURE-A3 THE TRUE COPY OF THE ORDER DATED 2/12/2011 IN CRL MC NO.4112/2011 ON THE FILES OF THIS HONOURABLE COURT

ANNEXURE-A4 THE TRUE COPY OF THE ORDER DATED 14.12.2011 IN CRL MP NO.29/2011 IN L.P.NO.3/2007 ON THE FILE OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATES COURT, ANDROTT

ANNEXURE-A5 THE TRUE COPY OF THE ORDER DATED 9.7.2012 IN CRL MP 1860/2012 ON THE FILES OF THE LEARNED SESSIONS COURT, KOZHIKODE IN CHARGE OF THE LEARNED SESSIONS KAVARATTI

ANNEXURE-A6 THE TRUE COPY OF THE ORDER DATED 8.10.2020 IN CRL.M.P.NO.44/2020 IN S.C.NO.6/2015 ON THE FILES OF THE LEARNED SESSIONS COURT, KAVARATTI

ANNEXURE-A7 THE TRUE COPY OF THE ORDER DATED 2.11.2020 IN CRL MC NO.1593/2020 ON THE FILES OF THIS HONOURABLE COURT