Abdul Azeez S.A vs State Of Kerala
2024 Latest Caselaw 5982 Ker

Kerala High Court

Abdul Azeez S.A vs State Of Kerala on 23 February, 2024

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

           FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945

                               CRL.MC NO. 1832 OF 2024

        CRIME NO.49/2021 OF VANITHA POLICE STATION, KASARGODE, Kasargod

                  SC 527/2021 OF FAST TRACK SPECIAL COURT, KASARAGOD

PETITIONER/S:

                ABDUL AZEEZ S.A
                AGED 41 YEARS
                S/O SUHARA, KUNNUPARA HOUSE, CHATTANCHAL P.O, THEKKIL, KASARAGOD,
                PIN - 671541
                BY ADVS.
                RAHUL SASI
                NEETHU PREM
                P.ARDRA MENON
                ALFIN NADARSHAW


RESPONDENT/S:

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

OTHER PRESENT:

                PP-SRI.PRASANTH M.P



    THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.02.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C. No. 1832 of 2024
                                   ..2..




                            SOPHY THOMAS, J.
                 =====================

                       Crl.M.C. No. 1832 of 2024

              ========================

                              ORDER

Dated this the 23rd day of February , 2024

This Crl.M.C. under Section 482 of Cr.P.C. is filed by the

sole accused in S.C. No. 527 of 2021 on the file of Fast Track

Special Court, Kasaragod impugning Annexure A4 order, dated

12.01.2024 in Crl.M.P.No. 761 of 2023, by which his application

to release his passport was dismissed.

2. On going through Annexure A4 order, it could be seen

that, S.C. No. 527 of 2021 was disposed of by the trial court as

early as on 12.10.2023. The petitioner had produced his passport

before the trial court as a bail condition during trial. The learned

Magistrate has stated in Annexure A4 order that, now no case is

pending there, and the appeal is pending before the High Court.

..3..

So, the learned Magistrate was unable to entertain his application

and hence it was dismissed.

The petitioner has not filed any application in Crl. Appeal

No. 1779 of 2023 to get his passport released, stating reasons.

So, with liberty to file proper application in Crl. Appeal No. 1779

of 2023, this Crl.M.C. is disposed of.

Sd/-

SOPHY THOMAS JUDGE RMV

..4..

PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE JUDGMENT DATED 12.10.2023 IN S.C NO. 527 OF 2021 BEFORE THE FAST TRACK SPECIAL COURT, KASARAGOD Annexure A2 THE TRUE COPY OF THE ORDER DATED 23.11.2023 IN CRL.A NO. 1779 OF 2023 BEFORE THIS HON'BLE COURT Annexure A3 THE TRUE COPY OF THE 1ST PAGE OF THE PASSPORT ISSUED ON 24.04.2014 AND EXPIRES ON 27.10.2024 Annexure A4 THE TRUE COPY OF THE ORDER IN CRL. M. P. NO. 761 OF 2023 IN S.C NO. 527 OF 2021 ON THE FILES OF FAST TRACK SPECIAL COURT, KASARAGOD DATED 12.01.2024

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE