Sakkeer Ali vs State Of Kerala
2021 Latest Caselaw 12447 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

      FRIDAY, THE 14TH DAY OF MAY 2021 / 24TH VAISAKHA, 1943

                      Crl.MC.No.2494 OF 2021(B)

  AGAINST THE ORDER/JUDGMENT IN SC 902/2019 OF COURT OF SESSIONS
                             PALAKKAD

      CRIME NO.190/2017 OF Nattukal Police Station, Palakkad


PETITIONER/ACCUSED:

             SAKKEER ALI,
             AGED 34 YEARS
             S/O. HAMZA, VALAPPIL HOUSE, MALIKUNNU,
             KACEHRIPARAMBU, MANNARKKAD, PALAKKAD.

             BY ADVS.
             SMT.P.PARVATHY
             SRI.BENOJ C AUGUSTIN
             SRI.RAFEEK. V.K.
             SHRI.MANAS P HAMEED
             SHRI.ELDHO.N.MONCY

RESPONDENT/STATE:

             STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-31.

             P.P.SRI.K.B.UDAYAKUMAR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2494 OF 2021(B)

                                2



                   P.V.KUNHIKRISHNAN, J.
              --------------------------------------
                   Crl.M.C. No.2494 of 2021
              ---------------------------------------
             Dated this the 14th day of May, 2021


                             ORDER

The petitioner is the accused in S.C.No.902/2019 on the

file of the Sessions Court, Palakkad. When this Court granted

bail to the petitioner as per Annexure-1 order, there is a

condition that the petitioner shall surrender his passport. As

per Annexure-2 order, this Court allowed the petitioner to go

abroad for a period of six months. The petitioner went abroad

and thereafter he surrendered his passport before the court

concerned. Again as per Annexure-3 order this Court allowed

the petitioner to go abroad for one year. Now the petitioner

wants to go abroad because his visa will expire.

2. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

3. Admittedly the petitioner complied Annexures 2 and

3 orders. This is pandemic situation. In such situation there is Crl.MC.No.2494 OF 2021(B)

no chance for starting the trial. Therefore, I think, the trial

court can be directed to release the passport to the petitioner.

Therefore, this Crl.M.C is allowed. The passport of the

petitioner would be released for one year to the petitioner on

the following conditions:

i) The petitioner will execute a fresh bond for

Rs.1,00,000/- (one lakh only) with two solvent

sureties for the like sum to the satisfaction of the

court below.

ii) The amount already deposited as per Annexure-2

order will continue.

iii) The petitioner will file an affidavit showing his

address at abroad.

iv) The petitioner will appear before the trial court

as and when required.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE mpm Crl.MC.No.2494 OF 2021(B)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE 1 TRUE COPY OF THE ORDER DATED 12.4.2017 PASSED BY THIS HON'BLE COURT IN B.A.NO.2343 OF 2017.

ANNEXURE 2 TRUE COPY OF THE ORDER DATED 29.8.2017 IN CRL.MA.NO.9385/2017 IN BA.NO.2343/2017 ALONG WITH TYPED COPY.

ANNEXURE 3 TRUE COPY OF THE ORDER DATED 21.11.2019 IN CRL.M.C.NO.8139 OF 2019.