Kerala High Court
Thajmal vs State Of Kerala on 3 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
CRL.MC NO. 6845 OF 2022
CRIME NO.57/2019 OF CHATHANOOR EXCISE RANGE OFFICE
AGAINST THE ORDER/JUDGMENT IN CRL.M.P.NO.172/2022 IN SC 1543/2019
OF ADDITIONAL SESSIONS JUDGE- IV, KOLLAM
PETITIONER/ACCUSED:
THAJMAL
AGED 24 YEARS, S/O. THAHA,
PUTHENPURA THEKKETHIL VEEDU,
KOTTAMKARA CHERRY, KOLLAM DISTRICT, PIN - 691501
BY ADVS.
G.SUDHEER
R.HARIKRISHNAN (H-308)
RESPONDENTS/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI,
PIN - 682031
SR.PP-SRI.T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No. 6845 of 2022
2
ORDER
Dated this the 3rd day of November, 2022
This is a petition filed under Section 482 of
the Code of Criminal Procedure (hereinafter referred as
Cr.P.C), the prayer herein is to set aside Annexure A2
order passed by the Additional Sessions Court-IV,
Kollam and to release the passport of the petitioner for
a specified period on undertaking.
2. Heard the learned counsel for the petitioner as
well as the learned Public Prosecutor.
3. The petitioner who is the accused in
S.C.No.1543/2019 had filed a petition before the
learned Additional Sessions Judge with the same prayer.
But after hearing both sides the learned Sessions Judge
dismissed the application holding that if the passport
would be released the accused would abscond and the
trial would be protracted.
Crl.M.C No. 6845 of 2022
4. The learned counsel for the petitioner pressed
for the relief on the submission that, the brother of the
petitioner has been working abroad and therefore, for a
short period, if the passport of the petitioner is released,
he would get a job and he is ready to come back as and
when directed by this Court.
5. The learned Public Prosecutor strongly
opposed the said plea highlighting the involvement of
this petitioner in four other crimes. It has been reported
that the petitioner has involvement in NDPS crime
no.57/2019 of Excise Range Office, Chathannur alleging
commission of offence under Section 20(b)(ii)B of the
NDPS Act. Apart from that he has involvement in the
following crimes. (1) Crime No.2780/2017 u/s 143,147,
148, 323, 324, 308, 506(ii) r/w 149 (2) Crime
No.683/2022 u/s 341, 283, 506, 324, 308 (3) Crime
No.684/2022 u/s 341, 294(b), 189, 506, 355, 353.
Going by his involvement in multiple crimes of
serious nature, the petitioner's presence for trial in the
Crl.M.C No. 6845 of 2022
above cases could not be secured and the trial would be
stalled, if passport is released to him. Therefore, I am
not inclined to revisit the order. Therefore, the order
impugned is confirmed and this petition is dismissed.
Sd/-
A. BADHARUDEEN
SK/3.11.
JUDGE
Crl.M.C No. 6845 of 2022
APPENDIX OF CRL.MC 6845/2022
PETITIONER'S ANNEXURES
ANNEXURE 1 COPY OF THE ORDER IN CRL. M.C. NO. 1913/2019
ON THE FILE OF THE PRL.SESSIONS JUDGE,
KOLLAM
ANNEXURE 2 COPY OF CRL. M.P.NO.172/2022 VIDE ORDER
DATED 4.8.2022.
RESPONDENTS' EXHIBITS: NIL
