Kerala High Court
Arun. T. Krishnan vs State Of Kerala on 7 July, 2022
Crl.M.C.No.1226/2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
CRL.MC NO. 1226 OF 2022
AGAINST THE ORDER/JUDGMENT IN SC 794/2021 OF ADDITIONAL
SESSIONS COURT (ADHOC)-II, KOLLAM
PETITIONER/PETITIONER/2ND ACCUSED:
ARUN. T. KRISHNAN,
AGED 23 YEARS,
S/O.GOPALAKRISHNAN, 'ANJANAM', THATTAOKONAM POST,
PEROOR, RAYALIL, KOLLAM TALUK,
KOLLAM DISTRICT, PIN - 691 005.
BY ADV.M.G.JEEVAN
RESPONDENT/RESPONDENT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI, PIN - 682 031.
SRI.M.P.PRASHANTH -SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.1226/2022 2
ORDER
The petitioner has approached this Court challenging
Annexure-4 order passed by the Additional Assistant Sessions
Court, Kollam. As per the aforesaid order the application
submitted by the petitioner for modifying the condition imposed
by the court while granting bail to him was rejected.
2. The petitioner is the 2nd accused in S.C.No.794 of
2021 on the file pending before the Additional Assistant
Sessions Court, Kollam. The aforesaid case arises from Crime
No.1000 of 2019 of Kilikolloor Police Station, which was
registered for the offences punishable under Sections 143, 147,
148, 323, 308 and read with Section 34 of IPC. The petitioner
was granted bail by the Principal Sessions Court, Kollam as per
Order dated 18.12.2019 in Crl.M.C.No.2071 of 2019. One of the
conditions imposed in the aforesaid order of bail was that the
petitioner shall surrender his passport before the court within
seven days from the date of release. It is reported that in
compliance with the aforesaid order the passport was
surrendered. Subsequently, the petitioner filed Crl.M.P.No.93 of
2021 before the Additional Assistant Sessions Court, Kollam
seeking permission to release the passport which was rejected
as per Annexure-4 order.
3. Heard Sri.M.G.Jeevan, learned counsel for the
petitioner and Sri.M.P.Prasanth, learned Public Prosecutor for
the State.
4. It is seen from Annexure-4 order that the only reason
stated by the learned Additional Assistant Sessions Judge for
rejecting the aforesaid application is that, as per the order
passed by the Sessions Court, the conditions imposed cannot be
modified during the period stipulated. However, it is to be
noted that the aforesaid condition was imposed at the crime
stage and subsequently final report has been submitted and
cognizance thereon has already been taken by the court having
jurisdiction in this regard. In such circumstances, I do not find
any justification in declining the prayer sought for by the
petitioner to release the passport.
5. In such circumstances, Annexure-4 order passed by
the Additional Assistant Sessions Court is set aside. Additional
Assistant Sessions Court is directed to release the passport of
the petitioner subject to following conditions:
1) Petitioner shall execute a bond for Rs.1,00,000/-
(Rupees one lakh only) with two solvent sureties each
for the like sum to the satisfaction of the court
concerned.
2) Petitioner shall undertake that before leaving the
country, prior permission shall be obtained from the
trial court after producing necessary travel
documents for the same.
This Crl.M.C. is disposed of as above.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/7.7.22
APPENDIX OF CRL.MC 1226/2022
PETITIONER ANNEXURES
Annexure-1 TRUE COPY OF FIR IN CRIME NO. 1000/2019
OF KILIKOLLOOR POLICE STATION, KOLLAM
DISTRICT DATED 7.11.2019
Annexure-2 TRUE COPY OF BAIL ORDER DATED 18.12.2019
IN CRL.M.C. NO. 2071/2019 OF THE
PRINCIPAL SESSIONS COURT, KOLLAM
Annexure-3 TRUE COPY OF C.M.P. NO. 93/2021 IN S.C.
NO. 794/2021 OF ADDITIONAL ASSISTANT
SESSIONS COURT, KOLLAM DATED 5.10.2021
Annexure-4 CERTIFIED COPY OF THE ORDER DATED
16.11.2021 IN CRL. M.P. NO. 93/2021 IN
S.C. NO. 794/2021 OF THE ADDITIONAL
SESSIONS COURT, KOLLAM
