Shibu Varghese vs State Of Kerala
2021 Latest Caselaw 15155 Ker

Citation : 2021 Latest Caselaw 15155 Ker
Judgement Date : 20 July, 2021

Kerala High Court

Shibu Varghese vs State Of Kerala on 20 July, 2021

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
         TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                         CRL.MC NO. 3103 OF 2021
 CRIME NO.2592/2020 OF Vattappara Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT IN CMP 958/2021 OF JUDICIAL MAGISTRATE OF
             FIRST CLASS -I,NEDUMANGAD, THIRUVANANTHAPURAM
PETITIONER/IST AACCUSED:

             SHIBU VARGHESE
             AGED 43 YEARS
             S/O.GEORGE VARGHESE, NIKUNJAM 4-D, KOWDIAR,
             THIRUVANANTHAPURAM 695 003

             BY ADV B.MOHANLAL



RESPONDENT/S:

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

     2       THE STATION HOUSE OFFICER
             VATTAPPARA POLICE STATION, VATTAPPARA P.O.,
             THIRUVANANTHAPURAM 695 028

             SRI.C.S HRITHWIK SR.PP


     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 3103 OF 2021             2




                              ORDER

Dated this the 20th day of July 2021

The petitioner is the 1st accused in Crime No.2592/2020 of

Vattappara Police Station and he was granted anticipatory bail by this

Court vide common order in B.A. No.8998/2020 and B.A.

No.9060/2020 on 23.03.2021. There was specific direction to him to

comply with the provisions under Section 438(2) of Cr.P.C. The

petitioner states that he has been appearing before the investigating

officer. There was also a direction to surrender his passport and

accordingly, he has surrendered his passport before the jurisdictional

court. It is stated that the petitioner's daughter has got admission to

a school as per Annexure A8 and therefore he would like to go to

United States of America for the purpose of facilitating his daughter's

admission to the school. The petitioner's family continues to reside

at America and he is an American Passport holder as is evident from

Annexure A7.

2. The apprehension of the prosecution is that once he goes

abroad, he will not be available for interrogation in this case.

Therefore, the request made by the petitioner to release his passport

is vehemently opposed by the prosecution. An application was filed

before the learned Magistrate for release of the passport, but the

learned Magistrate pointed out that the allegations against the

petitioner and the co-accused are that they have swindled an amount

of Rs.9,30,20,000/- from the de facto complainant and therefore the

prayer to release his passport cannot be allowed at this stage.

3. The investigation has been pending for some time. The bail

was granted in 23rd March 2021 and the petitioner has been

appearing before the investigating officer on being asked without any

breach. The final report is not yet filed. Under the circumstances, I

find that the petitioner cannot be tied to this case and ask him to

remain in India forever till the trial is completed. The petitioner is

therefore entitled to get the passport released with the permission to

go abroad. However, to address the anxiety expressed by the

prosecution regarding the availability of the petitioner, the petitioner

is directed to deposit a sum of Rs.2 lakhs before the Judicial First

Class Magistrate Court-I, Nedumangad as security to ensure that he

will return from abroad and face investigation as also the trial. On

such deposit, the passport shall be released to him and he shall also

file an affidavit that he shall remain abroad for a maximum period of

six months. The petitioner is granted six months time to remain in

America and returned before that and surrender his passport. On

surrendering his passport, he is entitled to get the deposited amount

returned. The learned Magistrate is directed to release the passport

forthwith on fulfilling the conditions as stated above. In case he does

not surrender his passport within the period of six months, the

amount deposited by him shall be liable for forfeiture.

Sd/-

ASHOK MENON JUDGE rmm

APPENDIX OF CRL.MC 3103/2021

PETITIONER ANNEXURE

Annexure A1 THE COPY OF THE FIR AND FIS IN CRIME NO.2592 OF VATTAPPARA POLICE STATION IN THIRUVANANTHAPURAM DISTRICT

Annexure A2 THE TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF THE COMPANY M/S. COVENANT STONES PVT LTD.

Annexure A3 THE TRUE COPY OF THE ORDER NO.6771/M3/2017 DATED 14/8/2018 ISSUED BY THE DIRECTOR, MINING AND GEOLOGY DEPARTMENT

Annexure A4 THE TRUE COPY OF THE AGREEMENT DATED 14/12/2015 ENTERED INTO BETWEEN SRI. SABU JOSEPH AND M/S. COVENANT STONES PVT. LTD.

Annexure A5 THE TRUE COPY OF THE REPORT SUBMITTED BY THE MEDIATOR AND THE COMMON JUDGMENT DATED 24.1.2019 IN W.P.(C) NO.39179/2018 W.P.(C) NO.572/2019 AND W.P.(C) NO.919/2018 OF THIS HON'BLE COURT

Annexure A6 THE TRUE COPY OF THE COMMON JUDGMENT DATED 23.3.2021 IN B.A.NO.8998/2020 AND B.A.NO.9060/2020 OF THIS HON'BLE COURT

Annexure A7 THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER BEARING NO.561419364 ISSUED AT USA

Annexure A8 THE TRUE COPY OF THE ADMISSION CONFIRMATION LETTER ISSUED FROM THE MAGNET SCHOOL GARLAND, TEXAS TO THE DAUGHTER OF THE PETITIONER MS. SNEHA VARGHESE

Annexure A9 THE TRUE COPY OF THE TREATMENT RECORDS OF THE PETITIONER OBTAINED FROM G.G.HOSPITAL,

THIRUVANANTHAPURAM

Annexure A10 THE TRUE COPY OF THE MEDICAL INSURANCE OF THE PETITIONER'S FAMILY ISSUED FROM UNITED HEALTH CARE USA

Annexure A11 THE CERTIFIED COPY OF THE ORDER DATED 12.7.2021 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGAD IN C.M.P.NO.958/2021 IN CRIME NO.2592/2020 OF VATTAPPARA POLICE STATION.