Niyas vs State Of Kerala
2023 Latest Caselaw 11803 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
                                  1945
                     CRL.MC NO. 9712 OF 2023
      CRIME NO.2094/2010 OF Aluva Police Station, Ernakulam
      AGAINST THE ORDER/JUDGMENT SC 168/2019 OF ADDITIONAL
     DISTRICT COURT & SESSIONS COURT - II, NORTH PARAVUR / I
                 ADDITIONAL MACT, NORTH PARAVUR
PETITIONER/S:

            NIYAS, AGED 35 YEARS, S/O ABDUL NASSER,
            KAPPORI HOUSE, ULIYANNOOR P.O, KUNJUNNIRKARA,
            ERNAKULAM, PIN - 683108
            BY ADVS.
            V.JOHN SEBASTIAN RALPH
            VISHNU CHANDRAN
            RALPH RETI JOHN
            APPU BABU
            GIRIDHAR KRISHNA KUMAR
            VISHNUMAYA M.B.
            GEETHU T.A.
            APOORVA RAMKUMAR
RESPONDENT/S:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:

            SRI MP PRASANTH, PP
        THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON    16.11.2023,   THE   COURT    ON    THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                                        -2-
Crl.M.C No. 9712 of 2023



                               P.V.KUNHIKRISHNAN, J.
                              ======================================================

                                 Crl.M.C No. 9712 of 2023
                           =============================================================

                   Dated this the 16th day of November, 2023

                                                 ORDER

This Crl.M.C is filed challenging Annexure A1 order passed by

the Additional Sessions Court-II, North Paravur in Crl.M.P No.1671

of 2023 in SC No.168 of 2019. The petitioner is the 2 nd accused in the

above case. The offences alleged are under Section 153A, 124A read

with 34 IPC. The petitioner approached the lower court to obtain

permission for renewal of his passport, which is going to expire on

16.03.2024 for a period of five years and to seek permission to go

abroad. The learned Sessions Judge dismissed the same. Hence, this

Crl.M.C.

2. Heard counsel for the petitioner and the Public Prosecutor.

3. After hearing the counsel for the petitioner and the public

prosecutor, I think the learned Sessions Judge ought to have allowed

the petition after imposing conditions. Admittedly, the proceedings

initiated under Section 124A IPC is stayed by the Apex Court in a

Crl.M.C No. 9712 of 2023

connected case. In such circumstances, there is no chance for starting

the trial in the near future. A citizen's right to travel cannot be

curtailed indefinitely. Therefore, the court below ought to have

allowed the petition after imposing appropriate condition. The

petitioner will file an affidavit before the trial court stating that he will

not dispute his identity, if the trial started.

Therefore, this Crl.M.C is disposed of in the following manner:

1. Annexure 1 order is set aside.

2. The Additional Sessions Judge-II, North Paravur is directed to reconsider Crl.M.P No.1671 of 2023 in SC No.168 of 2019 and allow the same after imposing appropriate conditions.

3. The petitioner shall file an affidavit before the trial court stating that, he will not dispute his identity at the stage of trial or at any stage of the case and he will be represented through a counsel before the trial court in his absence.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

Crl.M.C No. 9712 of 2023

APPENDIX OF CRL.MC 9712/2023

PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF ORDER DATED 13.10.2023 IN CRL M.P. 1671/2023 IN SC 168/2019 ON THE FILES OF THE ADDL.

SESSIONS COURT - II, NORTH PARAVOOR Annexure 2 TRUE COPY OF THE OFFER LATTER DATED 01.11.2023 FROM ANBAK TELECOMMUNICATIONS LLC