Sivadasan vs State Of Kerala
2021 Latest Caselaw 9535 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                     Crl.MC.No.2056 OF 2020(F)

    AGAINST THE ORDER/JUDGMENT IN SC 384/2017 OF SPECIAL COURT
               (ATROCITIES AGAINST SC/ST), MANJERI

     CRIME NO.341/2016 OF MELATTUR POLICE STATION, MALAPPURAM


PETITIONER/6TH ACCUSED:

             SIVADASAN
             AGED 46 YEARS
             S/O.KRISHNAN, KUNNATH HOUSE, MELATTUR P.O.,
             MALAPPURAM DISTRICT.

             BY ADVS.
             SRI.K.MOHANAKANNAN
             SMT.T.V.NEEMA

RESPONDENT/STATE & RESPONDENT:

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT
             OF KERALA, ERNAKULAM-682031.




OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.2056 OF 2020
                                   2



                             ORDER

Dated this the 22nd day of March 2021

Petitioner is aggrieved by Annexure-A4 order of

the Special Court for SC/ST (PoA) Act cases, Manjeri,

dismissing the application for release of the passport

surrendered in compliance of the directions in the

order granting bail to him in Crime No.341/2016 of

Melattur Police Station. The dismissal is for the

reason that the affidavit filed by the petitioner was

not in accordance with the direction of the Special

Court. As the petitioner had sought release of his

passport for the purpose of producing it during his

medical check up as a part of the process of issuing

visa to Canada, the court had directed the petitioner

to file an affidavit containing the date of the medical

check up and other details, which the petitioner failed

to do.

2. Learned Counsel for the petitioner submits

that the petitioner has been asked to undergo the

medical checkup on 23.03.2021. It is submitted that CRL.M.C.NO.2056 OF 2020

the petitioner is prepared to furnish all details

regarding the medical check up and the process for

issuance of visa.

3. Learned Public Prosecutor submits that the

petitioner should approach the Special Court with a

fresh application, rather than rushing to this Court.

I find substance in the submission of the learned

Public Prosecutor. The Criminal M.C. is hence

disposed of, permitting the petitioner to submit a

fresh application seeking release of his passport.

Along with the application, the petitioner shall

append all necessary documents and furnish the

relevant dates and details and shall also undertake

that he will leave the country only after obtaining

permission from the court. On such application being

filed, the learned Special Judge shall pass orders

thereon within ten days, untrammeled by the

observations in Annexure-A4 order.

Sd/-

V.G.ARUN JUDGE

NB/22.03.2021 CRL.M.C.NO.2056 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE RELEVANT PAGES CHARGE SHEET IN CRIME NO.341/2016 OF MELATTUR POLICE STATION DATED 21.08.2017.

ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT AND PETITION IN SUPPORT OF CMP NO.205/2020.

ANNEXURE A3 TRUE COPY OF THE APPLICATION FORM FOR JOH SUBMITTED BY THE PETITIONER.

ANNEXURE A4 TRUE COPY OF THE ORDER OF IN CMP NO.205/2020 OF SPECIAL COURT FOR SC/ST(POA) DATED 19.02.2020.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE