Kerala High Court
Basheer @ Muhammed Basheer vs State Of Kerala on 15 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
Crl.MC.No.5804 OF 2020(E)
AGAINST THE JUDGMENT IN SC 330/2020 DATED 04-11-2020 OF SUB COURT,
HOSDRUG
CRIME NO.37/2017 OF Hosdurg Police Station , Kasargod
PETITIONER:
BASHEER @ MUHAMMED BASHEER
AGED 35 YEARS
S/O.ABDUL RAHMAN, KHALIJ HOUSE, KOLAVAYAL, AJANOOR
VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT-671 531.
BY ADV. SRI.P.K.SUBHASH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERANKULAM-682 031.
2 THE STATION HOUSE OFFICER,
(CRIME NO.372017 OF HOSDURG POLICE STATION), KASARGOD
DISTRICT-671 121.
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 5804/2020 2
V.G.ARUN, J.
===========================
Crl.M.C.No.5804 of 2020
===========================
Dated this the 15th day of January, 2021
ORDER
The challenge in this Crl.M.C is against Annexure A1 order, by
which the jurisdictional court dismissed the petitioner's application
seeking release of his passport, surrendered in terms of the conditions
imposed while granting bail to the petitioner. It is submitted that the
other accused had approached this court as per Annexure 3 order in
Crl.M.C.No.8058 of 2020 and proceedings against them were quashed.
Since the petitioner was working abroad during that period, he was
not able to approach this court. Petitioner later came down to India
and surrendered before the committal court and his case was
committed and re-numbered as S.C.No.330 of 2020.
2. The fact that, proceedings against the other accused was
quashed, based on settlement arrived at with the defacto complainant
and the injured, is not in dispute. Being so, absence of the petitioner
for a short while will not affect the trial of the case in any manner.
Therefore, Annexure A1 order is set aside and the Assistant Sessions
Judge, Hosdurg is directed to release the petitioner's passport for a
period of two years from 01.02.2021, subject to the following
conditions.
a) Petitioner shall file an affidavit undertaking to resubmit
the passport within the two year period and shall execute a
bond for Rs.25,000/-(Rupees Twenty five thousand only) with
two solvent sureties each for the like amount.
b) Petitioner shall furnish his foreign address, E-mail ID,
personal mobile number and the sponsor/employer details.
The lower court shall retain certified copies of the relevant
pages of the passport, while releasing the original to the petitioner.
Sd/-
V.G.ARUN
JUDGE
lgk
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXUREAI CERTIFIED COPY OF THE ORDER DATED
04.11.2020 IN CMP NO.400/2020 IN SC
NO.330/2020 BY THE ASSISTANT SESSIONS JUDGE
OF HOSDURG.
ANNEXURE AII TRUE COPY OF THE JOB OFFER LETTER.
ANNEXURE III TRUE COPY OF THE JUDGMENT DATED 18.12.2020
IN CRL.MC NO.8058 OF 2020.
