Kerala High Court
Arun Thomas vs State Of Kerala on 17 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 17TH DAY OF MAY 2024 / 27TH VAISAKHA, 1946
CRL.MC NO. 3806 OF 2024
CRIME NO.685/2023 OF KODUMON POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED 17.04.2024 IN CMP NO.1187 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA
PETITIONER:
ARUN THOMAS AGED 32 YEARS S/O THOMAS GEORGE,
MELATHIL GEO HOUSE, EDATHITTA, KODUMON,
PATHANAMTHITTA., PIN - 691555
BY ADVS. SAYUJYA K.R.RAJEEV KRISHNAN ASWATHY PAVITHRAN
N.RAGHURAJ (SR.)(K/114/1986)
RESPONDENT:
STATE OF KERALA REPRESENTED BY THE SUB-INSPECTOR OF
POLICE, KODUMON POLICE STATION, PATHANAMTHITTA,
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.,
PIN - 682031
BY SR.PP - SREEJA P.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 3806 of 2024 : 2:
VIJU ABRAHAM , J.
===========================
Crl.M.C. No. 3806 of 2024
============================
Dated this the 17th day of May, 2024
ORDER
The above criminal miscellaneous case is filed challenging
Annexure A8 order, whereby the request of the petitioner for
release of the passport was rejected.
2. Petitioner is an accused in Crime No.685/2023 of
Kodumon Police Station, registered based on a complaint filed by
the wife of the petitioner alleging commission of offence
punishable under Sections 498 A and 34 of the Indian Penal Code.
3. Petitioner obtained Annexure A4 anticipatory bail from
this Court wherein a direction was issued to surrender his passport
before the investigating officer and in case he does not have a
passport, to file an affidavit with that effect. Following the direction
contained in Annexure A4 bail order petitioner appeared before
the investigating officer and co-operated with the investigation
and that no arrest has been made and a notice under Section 41 A
of the Cr.PC alone was served on the petitioner. The petitioner was
asked to surrender his passport and he had complied with the said
direction and thereafter the passport has been submitted by the
investigating officer before the Judicial Magistrate of First Class-II,
Pathanamthitta.
4. Petitioner was working abroad and if he does not return
back abroad he will lose his employment. Thereupon petitioner
filed Annexure A7 application before the Jurisdictional Court
seeking release of his passport which was rejected by Ext.P8 order.
The reasons stated in Ext.P8 is mainly that one of the condition
imposed by the High Court while granting anticipatory bail is to
surrender his passport before the investigating officer and further
that the petitioner was directed to appear before the investigating
officer for a period of three months, the period of which is not over.
5. The learned Public Prosecutor upon instruction
submitted that the investigation is over and the petitioner was
never arrested and he appeared on issuance of Section 41 A
notice.
6. The passport has been handed over to the investigating
officer though he was not arrested as part of the investigation and
further that the chargesheet has already been laid, and therefore
it is not necessary for the petitioner to appear before the
investigating officer as directed in the Annexure A4 order. In view
of the above, I am of the view that the stand taken by the
jurisdictional Court in Annexure A8 order cannot be sustained. It is
a fact that the petitioner is employed abroad and if he does not
return back he will lose his employment. For the reason that the
petitioner is involved in a crime does not mean that petitioner
cannot travel abroad in connection with his employment.
Therefore, I am of the view that the matter requires
reconsideration.
Accordingly Annexure A8 order is set aside with a
consequential direction to the jurisdictional Court to reconsider
Annexure A7 application for release of the passport at the earliest,
at any rate within an outer limit of 10 days from the date of receipt
of a copy of this order.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
PETITIONER ANNEXURES
Annexure A1 A TRUE PHOTOCOPY OF THE PASSPORT ISSUED BY THE
GOVERNMENT OF INDIA TO THE
PETITIONER.DATED.19.10.2020
Annexure A2 A TRUE PHOTOCOPY OF O.P(DIV.) NO.2167 OF 2023 FILED
BEFORE THE HON'BLE FAMILY COURT, MAVELIKARA.
DATED.11,.12.2023
Annexure A3 A TRUE PHOTOCOPY OF FIR NO.685 OF 2023 REGISTERED
BY KODUMON POLICE STATION, PATHANAMTHITTA.
DATED.13.12.2023
Annexure A4 A TRUE PHOTOCOPY OF THE JUDGMENT DT.21.03.2024 IN
B.A NO.1994 OF 2024 PASSED BY THIS HON'BLE COURT.
Annexure A5 A TRUE PHOTOCOPY OF THE UAE RESIDENCE PERMIT CARD
BEARING NO.784-1992-5972148-0 OF THE PETITIONER
ALONG WITH HIS JOB DETAILS.DATED.12.7.2023
Annexure A6 A TRUE PHOTOCOPY OF THE CAROTID DOPPLER STUDY
REPORT DT.13.01.2024 OF THE PETITIONER ALONG WITH
DATE OF NEXT APPOINTMENT.
Annexure A7 A TRUE PHOTOCOPY OF THE PETITION NUMBERED AS
CRL.M.P NO.1187 OF 2024 ON THE FILES OF THE HON'BLE
JUDICIAL MAGISTRATE OF FIRST CLASS-II,
PATHANAMTHITTA. DATED.11.4.2024
Annexure A8 A TRUE PHOTOCOPY OF THE ORDER DT.17.04.2024 IN
C.M.P NO.1187 OF 2024 PASSED BY THE HON'BLE
JUDICIAL MAGISTRATE OF FIRST CLASS- II,
PATHANAMTHITTA.
Annexure A9 A TRUE COPY OF THE EMAIL DT.13.05.2024 CONFIRMING
THE APPOINTMENT OF THE PETITIONER AT AL AHLI
HOSPITAL, ABU DHABI
Annexure A TRUE COPY OF THE EMAIL DT.10.05.2024 FROM THE
A10 EMPLOYER OF THE PETITIONER
