Kerala High Court
Hilda Sesil Joseph vs State Of Kerala on 1 February, 2021
Crl.MC.98 & 104/21 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.98 OF 2021(B)
AGAINST THE ORDER/JUDGMENT IN CMP 3864/2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,ALATHUR
CRIME NO.668/2020 OF Wadakkancherry Police Station , Palakkad
PETITIONER/S:
HILDA SESIL JOSEPH
AGED 46 YEARS
W/O. SESIL JOSEPH, KONDODI HOUSE, VEETTIKKAL POST,
MULUMTHURUTHI, ERNAKULAM-682 314.
BY ADV. SRI.E.A.BIJUMON
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031 (CRIME NO.668/2020 OF
VADAKKANCHERY POLICE STATION, PALAKKAD DISTRICT).
ADDL. 2 SHOJAN K.R.,
AGED 46 YEARS,
S/O.RAPPAI,
KOKKADAN HOUSE,
MANNAMPTTA,
THRISSUR-680 302.
ADDITIONAL 2ND RESPONDENT IS IMPLEADED AS PER ORDER
DATED 1.2.2021 IN CRL.M.APPL.NO.1/2021
R2 BY ADV. S.RAJEEV
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.02.2021, ALONG WITH Crl.MC.104/2021(C), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.MC.98 & 104/21 2
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.104 OF 2021(C)
AGAINST THE ORDER/JUDGMENT IN CMP 3862/2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,ALATHUR
CRIME NO.668/2020 OF Wadakkancherry Police Station , Palakkad
PETITIONER/S:
SESIL JOSEPH
AGED 48 YEARS
S/O. K.V. JOSEPH, KONDODI HOUSE, VEETTIKKAL POST,
MULUMTHURTHI, ERNAKULAM-682314.
BY ADV. SRI.E.A.BIJUMON
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031. (CRIME NO.668/2020 OF
VADAKKACHERRY POLICE STATION, PALAKKAD DISTRICT)
ADDL. 2 SHOJAN K. R.
AGED 46 YEARS
S/O RAPPAI , KOKKADAN HOUSE , MANNAMPETTA THRISSUR
680 302
ADDITIONAL 2ND RESPONDENT IS IMPLEADED AS PER ORDER
IN CRL.M.APPL.1 OF 2021 DATED 22.1.2021
R2 BY ADV. S.RAJEEV
R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN
R2 BY ADV. SRI.V.VINAY
R2 BY ADV. SRI.K.ANAND (A-1921)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.02.2021, ALONG WITH Crl.MC.98/2021(B), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.MC.98 & 104/21 3
V.G.ARUN, J.
-----------------------------------------------
CRL.M.C.Nos. 98 and 104 of 2021
-----------------------------------------------
Dated this the 1st day of February, 2021
ORDER
The challenge in these Crl.M.Cs is against the order of the Judicial
First Class Magistrate Court-I, Alathur, rejecting the applications filed
by the petitioners seeking interim custody of their passports. The
essential facts are as under;
The petitioners in the Crl.M.Cs are accused Nos.3 and 2
respectively, in Crime No.668 of 2020 registered by the
Wadakkanchery Police Station for offences under Section 7 of the
Kerala Money Lenders Act, 1958 Section 3 of the Prohibition of
Charging of Exorbitant Interest Act, 2012 and Section 420 read with 34
of IPC. As per Annxure A1, petitioners were granted bail by this Court,
subject to conditions. condition No.(ii) required the petitioners to
surrender their passports before the investigating officer who, in turn,
was directed to produce the passports before the jurisdictional court.
Further, the petitioners were permitted to go abroad only after
obtaining permission from the jurisdictional court. Later, the
petitioners filed applications seeking interim custody of their passports
on the premise that investigation in the crime was almost complete
and that the 3rd accused being a businessman having establishments
at Ajman, Dubai, has to travel frequently in connection with her
business and that, unless the 2nd accused reached UAE before
31.1.2020, his visa would be cancelled. The learned Magistrate
rejected the applications finding that the investigation to be at the
preliminary stage and the offences to be serious in nature.
2. Heard Sri.Bijumon E.A., learned counsel for the petitioners,
Sri.T.R.Renjith, the learned Public Prosecutor and Sri.S.Rajeev, learned
counsel for the de facto complainant, who got himself impleaded.
3. Learned counsel for the petitioners submitted that the
petitioners are willing to produce their travel itinerary and other
documents to convince the court about the genuineness of their
request for release of passports. Learned counsel for the de facto
complainant and the learned Public Prosecutor raised strong objection
against permitting the petitioners to leave India. It is submitted that
the intention of the petitioners is to flee from the clutches of law and
once they leave the country, it will not be possible to bring them back.
4. Having heard the learned counsel at length, I am of the
considered opinion that the findings in the impugned order cannot be
faulted, since no valid reason other than an intention to go abroad for
business purposes was urged before the lower court. Unless a proper
application, appending necessary documents evidencing the
genuineness of their request for permission to go abroad, and the
steps taken by them in that regard is submitted, the court below will
not be in a position to assess the need and to take a reasoned
decision.
In the result, the Crl.M.C is disposed of permitting the petitioner
to submit fresh applications stating precise reasons for which they are
required to go abroad, along with travel itinerary and other requisite
documents, the same shall be considered by the learned Magistrate
and appropriate orders passed, untrammelled by the dismissal of their
earlier applications. While effecting such consideration, the learned
Magistrate shall take into account the objections of the de facto
complainant and the learned Public Prosecutor.
Sd/-
V.G.ARUN, JUDGE
vgs
APPENDIX OF Crl.MC 98/2021
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE ORDER IN BAIL APPLICATION
NO.4299/2020 DATED 14.9.2020.
ANNEXURE A2 TRUE COPY OF THE CMP NO.3864/2020 DATED
16.12.2020.
ANNEXURE A3 CERTIFIED COPY OF THE ORDER IN CMP
NO.3864/2020 DATED 24.12.2020 PASSED BY THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
ALATHUR.
APPENDIX OF Crl.MC 104/2021
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE ORDER IN BAIL APPLICATION
NO.4299/2020 DATED 14/09/2020.
ANNEXURE A2 TRUE COPY OF THE CMP NO. 3864/2020 DATED
16/12/2020.
ANNEXURE A3 CERTIFIED COPY OF THE ORDER IN CMP
NO.3862/2020 DATED 24/12/2020 PASSED BY THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
ALATHUR.
