Arakkal Samad vs State Of Kerala
2023 Latest Caselaw 3707 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
       THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                   CRL.MC NO. 2208 OF 2023
   AGAINST THE ORDER/JUDGMENT IN CRL.M.P NO.299/2023 IN SC
399/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
 THALASSERY, ARISING OUT OF CRIME NO.219/2019 OF KULAVALLUR
                   POLICE STATION, KANNUR
PETITIONER/PETITIONER :

          ARAKKAL SAMAD, AGED 40 YEARS
          S/O ABDULLA, ARAKKAL HOUSE, KADAVATHUR .P.O,
          KANNUR DT., PIN - 670 676.
          BY ADVS.
          M.MUHAMMED SHAFI
          T.RASINI
          AYISHA AFRIN A.V.K.


RESPONDENT/RESPONDENT :

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682 031.



          SR. PP SMT.SEETHA S,



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC 2208/2023
                                                    2



                             BECHU KURIAN THOMAS, J
                            ...........................................
                                Crl.M.C.No.2208 of 2023
                               .....................................
                        Dated this the 29th day of March, 2023

                                                ORDER

Petitioner is the first accused in S.C.No.399/2021 on the files f the

Additional Sessions Court-III, Thalassery. By order dated 29.05.2019

in CMP No.2107/2019, the petitioner was granted bail subject to

certain conditions. One of the conditions was that the petitioner

shall surrender his passport. Consequently, the passport was

surrendered. In the meantime, petitioner was in need of the

passport for a period of one month as he was desirous of travelling

abroad and a petition was preferred as Crl.M.P.No.299/2023, for

lifting the condition for surrender of passport. The application was

dismissed by order dated 13.02.2023. The aforesaid order is assailed.

2. Sri.Muhammed Shafi, the learned counsel for the petitioner,

submitted that petitioner needs to travel abroad to visit his brother

and will return back within four weeks and that immediately on

return he will surrender his passport back to the court.

3. I have heard the learned Public Prosecutor also.

4. Considering the limited relief sought for by the petitioner, I am of

the view that the right to travel abroad being a part of the CRL.MC 2208/2023

fundamental right, and taking into consideration the entire

circumstances, including the nature of offences alleged to have been

committed, the passport of the petitioner can be released to him for

a limited period to enable him to travel. The condition imposed in

the bail order regarding surrender of passport need not be lifted for

this purpose.

5. Accordingly, there will be a direction to the Additional Sessions

Court-III, Thalassery to release the passport of the petitioner

surrendered in S.C.No.399/2021 for a period of five weeks from the

date of release. Before the release, the petitioner shall file an

affidavit, giving the dates of travel, place of residence abroad

and contact number along with a copy of the confirmed return ticket

and undertaking to surrender the passport back to court within five

weeks of receipt.

The Criminal Miscellaneous case is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/29/03/2023 CRL.MC 2208/2023

APPENDIX OF CRL.MC 2208/2023

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE CHARGE ALONG WITH FIR IN CRIME NO. 219 OF 2019 OF KOLAVALLUR POLICE STATION, KANNUR DISTRICT ANNEXURE A2 CERTIFIED COPY OF THE ORDER DATED 13.02.2023 IN CRL.MP NO.299 OF 2023 IN S.C.NO.399/2021 ON THE FILE OF THE ADDTIONAL SESSIONS COURT III, THALASSERY.

TRUE COPY