Kerala High Court
Vidya Immanual @ Vidya Pious vs State Of Kerala on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
CRL.MC NO. 4852 OF 2021
(CRIME NO. 1361 OF 2019 OF THE KURUVILANGAD-I)
AGAINST THE ORDER/JUDGMENT IN CMP 2167/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
PALA
PETITIONER/ACCUSED:
VIDYA IMMANUAL @ VIDYA PIOUS
AGED 32 YEARS
D/O PIOUS, PARAKKEL VEEDU,
THAICKAL.P.O, OTTASMERI MURI,
KADAKKARAPPALLY, CHERTHALA TALUK, ALAPPUZHA-688524.
BY ADVS.
ABRAHAM SAMSON
LOVELY SAMSON
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-31.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 4852 OF 2021
2
ORDER
Petitioner is the accused in Crime No. 1361 of 2019 of
Kuruvilangad police station, which was registered alleging offence
punishable under Section 420 read with Section 34 of the IPC.
2. It is submitted that the petitioner is a divorcee, having two
children. Earlier she was working in Dubai and now she wants to
go abroad seeking employment in Israel. With that intention she
moved Judicial First Class Magistrate's Court-I, Pala seeking
permanent exemption from attending the Court. But, by the
impugned order dated 11th August 2021, the application was
dismissed. Aggrieved by the same, she has moved this Court
under Section 482 of the Cr.P.C. to quash the Ext. A1 order dated
16.08.2021.
3. The learned counsel for the petitioner submits that there
are four cases against her, in Chavara, Irinjalakkuda, Kattappana,
and Kuruvilangadu police stations, all are on the same lines. She
is on bail in all cases. She had moved similar petitions before all
jurisdictional Courts, but Irinjalakkuda and Kattappna Courts
Crl.M.C.No. 4852 OF 2021
alone permitted her to go abroad, subject to certain conditions. If
only, she is able to get permission in all the crimes she will be able
to go abroad. According to the counsel, by finding out a suitable
employment, she will have to eke out her livelihood. She is
prepared to reach back station at any time, as and when directed
by the Court. It is a crime of the year 2019, the case is still under
investigation and it may take long time to complete the
investigation and file the final report. She is now on bail in all the
cases and is prepared to appear before the Investigating Officer or
the jurisdictional Court at any time as directed.
4. Annexure-A1 order indicates that the petitioner faces
allegations under Section 420 read with Section 34 of the IPC.
Bail was granted to her with a condition that she shall not go
abroad without the permission of the jurisdictional Court.
Investigation in the crime is still underway. It is uncertain as to
when investigation will be completed. In such a contingency, it is
improper to deny her legitimate right to seek employment abroad.
5. So long as the police have not formed an opinion about
Crl.M.C.No. 4852 OF 2021
the complicity of the petitioner, it is inequitable to decline such a
request. At this stage, what is important is whether her presence
can be ensured if and when a charge sheet is filed against her.
That can be ensured by imposing appropriate conditions. After
considering rival contentions and hearing the learned Public
Prosecutor, it seems that the petitioner can be permitted to go
abroad for a period of one year, subject to the following
conditions:-
(i) she shall execute a bond for Rs.5,00,000/-(Rupees five
lakhs only) with two solvent sureties each for the like amount to
the satisfaction of the Magistrate; one of the sureties shall be a
near relative of the petitioner;
(ii) she shall furnish her itinerary before the Investigating
Officer and also the Chief Ministerial Officer of the jurisdictional
Court and also furnish her e-mail address, WhatsApp number, and
address abroad. Any change in address also shall be notified;
(iii) she shall file an affidavit undertaking to appear before
the Court/Investigating Officer as and when necessary. Copy of
Crl.M.C.No. 4852 OF 2021
the affidavit shall be furnished to the Regional Passport Officer
also.
The Criminal Miscellaneous Case is disposed of as above.
Sd/-
K. HARIPAL
JUDGE
RMV/30/11/2021
Crl.M.C.No. 4852 OF 2021
APPENDIX OF CRL.MC 4852/2021
PETITIONER ANNEXURE
Annexure A1 CERTIFIED COPY OF THE ORDER IN CMP 2167/2021 IN CRIME
NO.1361/2019 DATED 16.08.2021 OF JFCM-1,
KURUVILANGAD(IMPUNGED ORDER)
Annexure A2 TRUE COPY OF THE ORDER DATED 6.8.2021 IN CMP 1449/2021 IN
CC 102/2020 OF THE JFCM-I, KATTAPANA-I
Annexure A3 TRUE COPY OF THE ORDER IN CMP 1431/21 IN CC 102/2020 OF THE
JFCM, KATTAPPANA-I, DATED 28.7.2021.
