Kerala High Court
Deepak K.A vs State Of Kerala on 1 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
Wednesday, the 1st day of September 2021 / 10th Bhadra, 1943
CRL.M.APPL.NO.1/2021 IN CRL.A NO. 1164 OF 2018
SC NO.304/2006 OF THE SESSIONS COURT, THRISSUR.
APPLICANTS/APPELLANT NOS.5 AND 8:
1. RAJESH, AGED 40 YEARS S/O. RAMACHANDRAN, KUNDIL HOUSE, PULLOOR
VILLAGE, MUKUNDAPURAM TALUK, PULLOOR P.O, ANURULI DESOM, THRISSUR
DISTRICT, PIN 680 683.
2. VINEESH C.B, AGED 37 YEARS S/O. BHASKARAN, CHUNGATH HOUSE, PULLOOR
VILLAGE, MUKUNDAPURAM TALUK, PULLOOR P.O, ANURULI DESOM, THRISSUR
DISTRICT, PIN 680 683.
RESPONDENT/RESPONDENT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM 682031.
Petition praying that in the circumstances stated therein the High
Court be pleased to permit the applicants to go abroad, so as to secure
the ends of justice.
This petition coming on for orders upon perusing the petition and
upon hearing the arguments of M.REVIKRISHNAN, AJEESH K.SASI, P.M.RAFIQ,
V.C.SARATH, VIPIN NARAYAN, POOJA PANKAJ, Advocates for the petitioners and
PUBLIC PROSECUTOR for the respondent, the court passed the following:
P.T.O
K. HARIPAL, J
---------------------------------------------
Crl.M.A. No.1 of 2021
in
Crl. Appeal No.1164 of 2018
---------------------------------------------
Dated this the 1st day of September, 2021
O R D E R
Petitioners in this application filed under Section 482 of the Cr.P.C. are
appellants 5 and 8 in the above mentioned Crl. Appeal. According to them,
even though they were found guilty and convicted and sentenced in S.C.
No.304/2006, the sentences stand suspended by this Court. The relatives and
family members of the petitioners have offered to arrange them job abroad,
for which they have applied for passports before the Regional Passport
Officer on 16.03.2020. But for want of clearance from this Court the
applications are not being processed. Thus they have sought for granting
permission to go abroad on the lines of the decision reported in Asok
Kumar v. State of Kerala [2009 (2) KLT 712].
2. I heard learned counsel on both sides.
3. The application has been opposed by the learned Public
Prosecutor.
4. Petitioners are appellants 5 and 8 in the above Crl. Appeal. They
Crl.MA.1/2021 in Crl.A.1164/2018 :2:
were accused Nos.6 and 8 respectively in S.C No.304/2006 of Sessions
Court, Thrissur. By judgment dated 17.9.2018 both of them along with
others stand convicted for the offence punishable under Sections 143, 147,
148, 324, 326, 308 r/w 149 of the IPC. The Sessions Court has sentenced
them to undergo rigorous imprisonment for seven years in two heads and
various other terms of imprisonments in other heads with a direction to
undergo sentences concurrently. Fine amounts also have been imposed on
them.
5. Even though the sentences stand suspended temporarily, pending
disposal of the appeal, having regard to the gravity of the allegations proved
against them, it is not in the interest of justice to allow them to leave the
country in search of employment abroad. It is only appropriate for them to
get expeditious disposal of the appeal, pending which their application for
leaving the country cannot be allowed.
The application is dismissed.
Sd/-
K. HARIPAL
JUDGE
okb/27.8.21
//True copy// P.S. to Judge
01-09-2021 /True Copy/ Assistant Registrar
