Muhammed Shereef vs State Of Kerala
2024 Latest Caselaw 33274 Ker

Kerala High Court

Muhammed Shereef vs State Of Kerala on 15 November, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

CRL.MC NO. 9631 OF 2024

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                                                        2024:KER:85429
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

       FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946

                             CRL.MC NO. 9631 OF 2024

 CRIME NO.80/2019 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL

                           SQUAD, PALAKKAD, PALAKKAD

                 AGAINST THE ORDER/JUDGMENT DATED 16.08.2024 IN

 CRL.M.APPL.4391/2024 IN SC NO.614 OF 2020 OF ADDITIONAL DISTRICT

                          COURT (ADHOC) III, PALAKKAD

PETITIONER/2ND ACCUSED :

              MUHAMMED SHEREEF
              AGED 36 YEARS
              S/O ALIKUTTY, KOONUGAL (H),
              VALLATHERI, VALLARAKKAD,
              THALAPPILLY, CHAVAKKAD,
              THRISSUR, PIN - 680 584.


              BY ADVS.
              V.A.HAKEEM
              HABNAM HAKEEM



RESPONDENT/COMPLAINANT :

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

              SRI. NOUSHAD K. A. (PP)


THIS     CRIMINAL    MISC.    CASE   HAVING    COME   UP   FOR   ADMISSION   ON
15.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 9631 OF 2024

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                                                                                     2024:KER:85429


                               BECHU KURIAN THOMAS, J
                          ......................................................
                                   Crl.M.C.No.9631 of 2024
                           ...................................................
                    Dated this the 15th day of November, 2024


                                               ORDER

Petitioner is the 2nd accused in S.C.No.614/2020 on the files of the

Additional District and Sessions Court-III, Palakkad. He is alleged to

have involved in an offence under the Narcotic Drugs and Psychotropic

Substances Act, 1985. Since while granting bail, a condition was

imposed that the petitioner shall surrender his passport before the

Jurisdictional Court, he surrendered his passport. Subsequently, on his

request the passport was released to him for a period of six months.

Thereafter, the petitioner surrendered his passport again and sought

permission for release to permit him to go abroad again for one year.

After noticing that there is no likelihood of the case being taken up for

trial for the next six months, the learned Sessions Judge granted

permission to go abroad for six months. Petitioner is aggrieved by the

restriction of the period to only six months.

2. I have heard Sri.V.A.Hakeem, the learned counsel for the petitioner as CRL.MC NO. 9631 OF 2024

2024:KER:85429 well as Sri.Noushad K.A., the learned Public Prosecutor.

3. The impugned order itself states that there is no likelihood of the case

being taken up for the next six months. The case is of the year 2020.

Since the case may not be able to be taken up in the near future, I am

of the view that a longer period can be granted to the petitioner at the

same time ensure that he appears during the trial of the case. The

period of six months granted is, according to me, too short a period.

Hence, I am of the view that a period of one year as sought for by the

petitioner can be granted.

4. Accordingly, in modification of the impugned order dated 16.08.2024 in

CMP No.4391/2024, the period mentioned therein shall stand extended

up to one year. Condition No.3 shall also stand extended

correspondingly. All other conditions imposed in the said order will

continue to remain.

This Crl.M.C. is disposed of.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/15/11/2024 CRL.MC NO. 9631 OF 2024

2024:KER:85429

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE BAIL ORDER IN BAIL APPL.NO:

7078/2019 DATED 04/10/2019 OF THIS HONOURABLE COURT

ANNEXURE A2 TRUE COPY OF THE ORDER DATED 16/08/2024 IN CRL.M.P. 4391/2024 IN SC 614/2020 OF THE ADDITIONAL DISTRICT AND SESSIONS COURT III, PALAKKAD

ANNEXURE A3 TRUE COPY OF THE APPOINTMENT LETTER ISSUED BY THE CEO, BURAAX LIFE GENERAL TRADING LLC COMPANY, DUBAI DATED 5/08/2024