Kerala High Court
Jabir Unais C.P vs State Of Kerala on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
CRL.MC NO. 3475 OF 2021
(AGAINST THE ORDER/JUDGMENT IN SC 1008/2017 OF ADDITIONAL DISTRICT COURT, TIRUR, MALAPPURAM
PETITIONER/ACCUSED NO. 4:
JABIR UNAIS C.P
AGED 24 YEARS
AGED 24 YEARS, S/O SHAMSUDHEEN C.P. CHEKKINTE PURAKKAL, PARAVANNA P.O.,
UNNIYAL, VETTOM, MALAPPURAM DISTRICT, PIN-676 502
BY ADV P.T.SHEEJISH
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM PIN- 682
031
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.10.2021, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
Crl. M.C.No. 3475 of 2021
2
ORDER
Petitioner is the 4th accused in S.C.No. 1008 of 2017 before the
Additional Sessions Court, Tirur, where he, along with nineteen others
faces allegations under Sections 143, 147, 148, 395, 201, 427 read with
Section 149 of the IPC.
2. He is employed abroad and now has come on leave. When
leave was sought before the trial Court seeking permission to remain
abroad for three years, by Annexure-A2 order dated 8 th July, 2021, that
court granted him permission for six months only. Aggrieved by the
same, the petitioner has approached this Court seeking to modify
Annexure-A2 order and grant him three years time to stay abroad and
exempt personal appearance in the meantime.
3. I heard the learned counsel for the petitioner and also the
learned Senior Public Prosecutor.
4. According to the learned counsel for the petitioner it was a
political clash, he belongs to fisherman community and that the
employment abroad is the only source of income; if he is not allowed to
remain abroad for three years, future prospects will be doomed. He
also invited my attention to Annexure-A4 order passed in Crl.M.C.
3157 of 2021 in respect of his appearance in S.C. No. 822 of 2017.
Crl. M.C.No. 3475 of 2021
5. The learned Public Prosecutor also confirms that it was a
political clash and that a similar order Annexure-A4 can be granted to
the petitioner.
6. Even though the case is of the year 2017, it does not seem that
trial will commence in the near future. A report filed by the Additional
Sessions Judge dated 03.09.2021 suggests that trial is not yet
commenced, that after the resignation of the Public Prosecutor, the post
remains vacant. Whatever it may be, the petitioner has already obtained
a favourable order in Annexure-A4 where by he has been allowed to
stay abroad for a period of two years subject to certain conditions. If
similar order is not passed he will not get the benefit of Annexure A4
order also. In the circumstances, on the lines of Annexure-A4 order he
shall be permitted to stay abroad for a period of two years subject to the
contrition that he shall execute a bond for Rs.1,00,000/- with two
solvent sureties undertaking that he shall appear before the court as and
when required.
The Criminal Miscellaneous case is allowed as in the above
terms.
Sd/-
K. HARIPAL
JUDGE
RMV/06/10/2021
Crl. M.C.No. 3475 of 2021
APPENDIX OF CRL.MC 3475/2021
PETITIONER ANNEXURE
Annexure A1 TRUE COPY OF THE PETITION FILED BY THE PETITIONER
BEFORE THE COURT BELOW DATED 08.07.2021
Annexure A2 CERTIFIED COPY OF THE ORDER DATED 08.07.2021 IN CMP
NO.97/2021 IN SC 1008/2017
