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. 4138 OF 2021
(CRIME NO.929/2021 OF THE CHAVARA POLICE STATION)
AGAINST THE ORDER/JUDGMENT IN CMP 432/2021 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, CHAVARA
PETITIONER/ACCUSED:
VIDYA IMMANUAL @ VIDYA PIOUS
AGED 32 YEARS
W/O. IMMANUAL, PANAKKEL VEEDU, THAICKAL P.O, OTTASSERI MURI,
KADAKKARAPPALLY, CHERTHALA TALUK, ALAPPUZHA - 688530.
BY ADVS.
ABRAHAM SAMSON
LOVELY SAMSON
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI - 31.
OTHER PRESENT:
ADV.M.C.ASHI (PP)
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. 4138 OF 2021
2
ORDER
Petitioner is the accused in Crime No. 929 of 2019 of
Chavara police station, which was registered alleging offence
punishable under Sections 406 and 420 read with Section 34 of the
IPC.
2. Petitioner is a divorcée, having two children. Earlier she
was working in Dubai and now she wants to go abroad for taking
up employment in Israel. She moved the Judicial First Class
Magistrate's Court, Chavara where the crime is lodged, seeking
permanent exemption from attending the Court. But, by the
impugned order dated 11th August 2021, permission was declined.
Aggrieved by the same, she has moved tis Court under Section
482 of the Cr.P.C.
3. The learned counsel for the petitioner submits that there
are four cases against her, in Chavara, Irinjalakkuda, Kattappana,
and Kuruvilangadu police stations. She moved all jurisdictional
Courts with similar applications. Irinjalakkuda and Kattappna
Crl.M.C.No. 4138 OF 2021
Courts have permitted her to go abroad on conditions. If only she
is able to get permission in the other two crimes also, she will be
able to go abroad eking out her livelihood by getting employment
abroad. She is prepared to reach back at any time, as and when the
Court directs. It is a crime of the year 2019 and the case is still
under investigation and it may take further time for completing the
investigation and filing the final report. She is now on bail on all
the cases and is prepared to appear before the Investigating Officer
or the jurisdictional Court at any time as directed.
4. Annexure-A3 order indicates that the petitioner faces very
serious allegations. She was granted bail on condition, among
other things that she shall not go abroad without the permission of
the jurisdictional Court. As rightly pointed out, the case is still at
the stage of investigation. Police have not formed an opinion
about her complicity. It is not known as to when investigation will
be completed. Therefore, it is not in the interest of justice that her
prayer for permission to seek employment abroad be declined. It
is also certain that two Courts have allowed her requests, on
Crl.M.C.No. 4138 OF 2021
conditions.
5. After all, what is important is to ensure the presence of the
petitioner at the time of trial, if and when charge sheets are laid.
That can be ensured by fixing 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 shall also be notified to
them;
(iii) she shall file an affidavit undertaking to appear before
Crl.M.C.No. 4138 OF 2021
the Court/Investigating Officer as and when necessary. Copy of
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. 4138 OF 2021
APPENDIX OF CRL.MC 4138/2021
PETITIONER ANNEXURE
Annexure A1 TRUE COPY OF THE ORDER DATED 06.08.2021 IN CMP
1449/2021 IN CC 102/2020 OF THE JFCM-I, KATTAPPANA -I.
Annexure A2 TRUE COPY OF THE ORDER IN CMP 1431/21 IN CC 102/2020
OF THE JFCM, KATTAPPANA-I, DATED 28.07.2021.
Annexure A3 CERTIFIED COPY OF THE ORDER OF JFCM-CHAVARA AS
CMP 432/2021 IN CRIME NO.929/2019 DATED 11.08.2021.
