Muhammed Shihas. M vs State Of Kerala
2023 Latest Caselaw 10758 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                     CRL.MC NO. 8220 OF 2023
    AGAINST THE ORDER/JUDGMENT SC 401/2020 OF DISTRICT COURT &
                SESSIONS COURT, THIRUVANANTHAPURAM
PETITIONER/4TH ACCUSED:

          MUHAMMED SHIHAS. M
          AGED 25 YEARS
          S/O. HAKKIM, THAYIF MANZIL, KATTAYKKAL, KATTAYKKAL
          WARD, MANICKAL VILLAGE, NEDUMANGAD TALUK,
          THIRUVANANTHAPURAM.
          BY ADV RAIEEZ M ASHRAF


RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     THE STATION HOUSE OFFICER
          VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT,
          PIN - 695028


          SRI.M.P.PRASANTH, PP



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.8220 of 2023


                               2




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
              Crl.M.C.No.8220 of 2023
     ----------------------------------------------
     Dated this the 19th day of October, 2023


                          ORDER

This Criminal Miscellaneous Case is filed under

Section 482 of the Code of Criminal Procedure, 1973

("the Code" for the sake of brevity).

2. Petitioner is the 4th accused in

S.C.No.401/2020 on the file of the Assistant Sessions

Court, Nedumangad. The petitioner and other

accused were arrested and they were remanded and

thereafter they approached this Court for bail. This

Court granted bail to the petitioner and 3 other

accused as per Annexure 3 order. This Court granted

bail to accused Nos.1 to 4 with a condition that the Crl.M.C.No.8220 of 2023

accused will surrender their passport in the

Magistrate court concerned within three days of their

release on bail. It is submitted that the petitioner

surrendered his passport. Thereafter, the petitioner

who is the 4th accused approached the Assistant

Sessions Court, Nedumangad for release of his

passport for seeking a job. The same was dismissed

as per Annexure 4 order. Aggrieved by the same,

this Crl.M.C is filed.

3. Heard the learned counsel appearing for

the petitioner and the learned Public Prosecutor.

4. The reason for dismissing the petition by

the Assistant Sessions Judge is mentioned in

paragraph 9 of Annexure 4 order which is extracted

hereunder:

"9. As per the aforesaid order of the Hon'ble High Court, the petitioner surrendered his passport before the JFCM-I, Nedumangad, on 26.04.2018. On Crl.M.C.No.8220 of 2023

perusal of the aforesaid Order dated on 20.04.2018 of the Hon'ble High Court, it can be seen that what the Hon'ble High Court ordered was that the petitioner shall not leave the State of Kerala without the prior permission of jurisdictional court. But here the petitioner filed no application to allow him to go out of Kerala. Instead of the same his prayer is to release the passport surrendered by him to his custody and his statement is that he is intending to go abroad only after the disposal of this case. Without seeking permission to go out of Kerala or India the question whether the petitioner is entitled to get back the custody of the passport will not arise. More over in the aforesaid order dated 20.04.2018, the Hon'ble High Court gave no power to this court to release the passport, to the custody of the petitioner, on application."

5. I see no reason to interfere with the same.

The petitioner is free to file an application before the

Jurisdictional court to lift condition Nos.5 and 6 in

Annexure 3 order and if such an application is filed,

there can be a direction to the court below to

consider the same even though Annexure 3 order is Crl.M.C.No.8220 of 2023

passed by this Court.

Therefore, this Criminal Miscellaneous Case is

disposed of allowing the petitioner to file a fresh

application to lift condition Nos.5 and 6 in Annexure 3

order and if such an application is filed, the trial court

will consider the same on merit even though the

conditions were imposed by this Court as per

Annexure 3 order.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE Crl.M.C.No.8220 of 2023

APPENDIX OF CRL.MC 8220/2023

PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FIR NO.338/2018 DATED 01.04.2018 OF THE VATTAPPARA POLICE STATION; THIRUVANANTHAPURAM DISTRICT.

ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT DATED 25.10.2018 IN SC NO.401/2020 ON THE FILES OF ASST. SESSIONS JUDGE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT.

ANNEXURE 3          CERTIFIED PHOTOCOPY OF THE ORDER
                    DATED     20/04/2018     IN     BAIL

APPLICATION NO. 2607 OF 2018 FROM THE HON'BLE HIGH COURT OF KERALA.

ANNEXURE 4          CERTIFIED PHOTOCOPY OF THE ORDER
                    DATED 27.05.2022 IN CMP NO. 65 OF
                    2022 IN SC 401 OF 2020 ON THE FILES
                    OF     ASST.    SESSIONS     JUDGE,
                    NEDUMANGAD,      THIRUVANANTHAPURAM
                    DISTRICT.



RESPONDENTS EXHIBITS       :NIL
                 //TRUE COPY//    PA TO JUDGE