Jumana vs Station House Officer
2021 Latest Caselaw 3137 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                         OP(Crl.).No.25 OF 2021

      AGAINST THE     JUDGMENT IN CC 54/2014 OF CHIEF JUDICIAL
                         MAGISTRATE ,KASARAGOD


PETITIONER/S:

                JUMANA, AGED 35 YEARS
                D/O. AHEMMED KUTTY, KANDAMPATH PUTHIYIDATH, (W/O. DR.
                MUHAMMED ZAHIR), GLADE S.V. COLONY,
                ERANHIPALAM P.O, KASARGODE 673 006.

                BY ADV. SRI.T.A.UNNIKRISHNAN

RESPONDENT/S:

      1         STATION HOUSE OFFICER
                VIDYANAGAR POLICE STATION,
                KASARAGODE, PIN-673 006

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


OTHER PRESENT:

                SR.PP.C.S.HRITHWIK

     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(Crl.).No.25 OF 2021         ..2..




                              JUDGMENT

Dated this the 28th day of January 2021

This original petition is filed, seeking permission

for the petitioner to leave India, and to renew her

passport for the said purpose.

2. The short facts are are as follows:

3. The petitioner is fifth accused in

C.C.No.54/2014 before the Chief Judicial Magistrate

Court, Kasargod. The offences alleged against the

accused are those punishable under Sections 143,

147, 148, 341, 323, 324, 326, 294(b) and 506(ii) r/w

149 of IPC. The trial of that case has been stayed by

this Court as per the order in Criminal

M.C.No.2220/2015. The petitioner has to leave for

Dubai urgently, since her father, who is in Dubai is

seriously affected with Covid-19 and is admitted in OP(Crl.).No.25 OF 2021 ..3..

the intensive care unit.

4. The learned Counsel for the petitioner

submits that in view of the interim order of this Court

staying further proceedings in C.C.No.54/2014, the

petitioner's application seeking permission to go

abroad will not be acted upon by the trial court.

4. Taking the above mentioned circumstances

into consideration, the original petition is disposed

of, permitting the Passport Authorities to renew

petitioner's passport for a period of one year and

permitting the petitioner to go abroad (Dubai) for a

period of two months, subject to the following

conditions:

(1) The petitioner shall execute a bond for an amount of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like amount before the trial court and file an affidavit, undertaking to return to India within two months from 01.02.2021.

OP(Crl.).No.25 OF 2021 ..4..

(2) The petitioner shall furnish her foreign address, the e-mail id and mobile number to the trial court.

Sd/-

                                              V.G.ARUN
       SB/28/01/2020                            JUDGE
 OP(Crl.).No.25 OF 2021           ..5..




                               APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1           TRUE COPY OF THE ORDER DATED

28.2.2020 IN CRL.M.A. 3057/15 IN CRL.M.C.NO. 2220/15 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT NO. J 3824900.

//true copy// P.A to Judge