Muhammed Muhsin Alangadan vs State Of Kerala
2021 Latest Caselaw 4179 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                      Crl.MC.No.186 OF 2021(C)

   AGAINST THE JUDGMENT IN SC 737/2017 DATED 14-10-2020 OF IIND
                ADDITIONAL SESSIONS COURT, MANJERI

  AGAINST THE ORDER IN CMP 1188/2020 OF IIND ADDITIONAL SESSIONS
                          COURT, MANJERI

 CRIME NO.783/2016 OF Perinthalmanna Police Station , Malappuram


PETITIONER/3RD ACCUSED:

             MUHAMMED MUHSIN ALANGADAN
             AGED 26 YEARS
             S/O.ABDUL LATHEEF ALANGADAN, (HOLDER OF INDIAN
             PASSPORT NO.L 6696836), ALANGADAN HOUSE, ARIPRA,
             VALAMBOOR, MALAPPURAM DISTRICT. PIN 679 321

             BY ADV. SRI.SOJAN MICHEAL

RESPONDENT/COMPLAINANT:

             STATE OF KERALA
             REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM PIN 682 031


OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.186 OF 2021(C)       ..2..




                              ORDER

Dated this the 4th day of February 2021

This Criminal M.C.is filed challenging Annexure-

A1 order by which the petitioner's application

seeking permission to go to Canada for the purpose

of his employment was dismissed by the trial court.

The petitioner is the 4th accused in S.C.No.737/2017

pending before the IInd Additional Sessions Court,

Manjeri. The offences alleged are under Sections

143, 147, 148, 341, 307 and 326 r/w 149 of IPC. The

reasons for dismissal of the petition, as evident from

the impugned order, is that, the case is ready for

trial and grant permission to go abroad will delay

disposal of the case.

2. The learned Counsel for the petitioner

submits that CW1 is presently abroad and there is no Crl.MC.No.186 OF 2021(C) ..3..

possibility of that witness coming down for the

purpose of giving evidence. Therefore, according to

the learned Counsel, the trial may not commence in

the near future. The learned Sessions Judge having

stated that the case is ready for trial, there is no

reason for this Court to assume that the trial will

commence immediately.

Hence, I find no reason to interfere in the order

and accordingly, the Criminal M.C.is dismissed.

Sd/-

                                        V.G.ARUN
      SB/04/02/2020                       JUDGE
 Crl.MC.No.186 OF 2021(C)          ..4..




                              APPENDIX
      PETITIONER'S/S EXHIBITS:

      ANNEXURE I           CERTIFIED COPY OF THE ORDER IN CMP

NO.1188/2020 DATED 14.10.2020 IN SC NO.737/2017 ON THE FILE OF THE ADDITIONAL SESSIONS COURT-II, MANJERI //true copy// P.A to Judge