Kerala High Court
Dhanesh Dharman vs State Of Kerala on 17 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Friday, the 17th day of June 2022 / 27th Jyaishta, 1944
CRL.M.APPL.NO.3/2021 IN BAIL APPL. NO. 1708 OF 2014
CRIME NO.761/2011 OF Kunnamkulam Police Station, Thrissur
PETITIONER/PETITIONER:
DHANESH DHARMAN, AGED 20 YEARS, S/O DHARMAN, MUTHIRANPARAMBATH
HOUSE, CHERUKUNNU ROAD, KUNNAKULAM.P.O., THRISSUR DISTRICT-680503.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE KUNNAMKULAM POLICE STATION, THRISSUR-680503.
3. XXX
Petition praying that in the circumstances stated therein the High
Court be pleased to lift condition No."C" and "e" in the bail order datd
13/03/2014 in B.A.NO.1708/2014 and may direct the jurisdictional
Magistrate to release of the original passport of the petitioner and also
may kindly permit the petitioner to leave the State of Kerala.
This petition again coming on for orders upon perusing the
application and this court's Final order dated 13/03/2014 in
B.A.NO.1708/2014 and interim order dated 18.11.2021 in crl ma 1/2021 in BA
1708/2014 and upon hearing the arguments of M/S ARUN.B.VARGHESE,
AISWARYA V.S., VARNA MANOJ, Advocates for the petitioner and Public
Prosecutor for the R1 & R2 and SRI.RAJIT Advocates for the R3, the court
passed the following:
BECHU KURIAN THOMAS, J.
===========================
Crl.M.A.No.3 of 2021
in
B.A. No.1708 of 2014
============================
Dated this the 17th day of June, 2022
ORDER
This is an application to lift condition Nos. (c) and (e) in the order
dated 13.03.2014 in B.A.No.1708/2014 and to release the original
passport of the petitioner.
2. By judgment dated 13.03.2014 in B.A.No.1708/2014, this
Court had imposed six conditions. Though petitioner had filed an
application earlier, to lift condition Nos. (b) and (c), this Court lifted only
condition No.(b) and refused to vary condition No.(c). It is in such
circumstances that the present application has been filed. Condition
No.(c) relates to deposit of the original passport with the jurisdictional
Magistrate, while condition No.(e) states that 'the accused shall not
leave the State of Kerala without permission of the Court'.
3. Shri.Arun B. Varghese, the learned counsel for the
petitioner submitted that the conditions have been in existence for the
last eight years and is causing great prejudice to the petitioner. It was
Crl.M.A.No.3 of 2021 in B.A. No.1708 of 2014
also pointed out that the right to travel outside Kerala as well as outside
the country has been restrained by the aforesaid condition and that too,
in existence for the last eight years.
4. Having regard to the circumstances pointed out by the
learned counsel for the petitioner, I am satisfied that the restraint on the
travel outside the State ought to be lifted.
5. Accordingly, condition No.(e) in the order dated 13.03.2014
shall stand deleted.
6. As far as condition No.(c) is concerned, the passport having
been surrendered before the jurisdictional Court, it is clarified that the
said Court shall be at liberty to consider any application for release of
the passport. If an application to that extent is preferred, the
jurisdictional Court shall be free to decide the question untrammeled by
any direction or finding of this Court for ensuring the presence of the
accused during trial is secured.
This application is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ssa/
17-06-2022 /True Copy/ Assistant Registrar
