Kerala High Court
Ashraf vs State Of Kerala on 24 October, 2024
2024:KER:79344
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 7126 OF 2024
CRIME NO.391/2004 OF KUNNAMKULAM POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED 26.07.2024 IN CMP
NO.264/2024 IN SC NO.145 OF 2014 OF FAST TRACK SPECIAL
COURT, (POCSO) KUNNAMKULAM
PETITIONER/PETITIONER:
ASHRAF
AGED 52 YEARS
S/O SALAMU, KUNDUKULANGARA HOUSE, ANANGODE DESOM
PONANI TALUK, MALAPURAM DISTRICT, PIN - 679577
BY ADVS.
ARUN.B.VARGHESE
RAKHI RAJ
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF
KERALA ERANAKULAM, PIN - 682031
SMT.SHEEBA THOMAS, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR HEARING ON
24.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:79344
CRL.MC NO.7126 OF 2024
2
C.S.SUDHA, J.
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Crl. M.C. No.7126 of 2024
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Dated this the 24th day of October 2024
ORDER
This petition has been filed challenging Annexure AIII order
in CMP No.264/2024 in SC No.145/2014 passed by the Fast Track
Special Court, Kunnamkulam, by which the request of the
petitioner/convict for release of his passport to enable him to go
abroad in pursuit of employment has been dismissed. It is submitted
that the petitioner needs to go abroad and therefore if the passport is
not released it would cause great prejudice to him and therefore the
impugned order is liable to be set aside.
2. The request is opposed by the learned Public Prosecutor
who submits that in the light of the serious allegations in the case
against the petitioner, it would not be appropriate to allow the
petitioner to go abroad because the allegation is that he had taken
2024:KER:79344
the victim in this case abroad on the promise of giving job and
thereafter had handed over the victim to several persons who had
sexually abused her. In the light of the seriousness of the offence,
the request cannot be permitted, submits the learned Public
Prosecutor.
3. Heard both sides.
4. The judgment as per which the petitioner has been convicted
is challenged and an appeal has been filed against the same, that is,
Crl.A. No.1638/2023. It is seen that as per order dated 19/02/2024
in Crl.M.A No.1/2023 in the appeal, this Court had suspended the
sentence of the petitioner. As per condition no.(ii) in the order, it
has been made clear that he shall not go abroad without the
permission of the jurisdictional court and that he shall surrender his
passport. As there is no possibility of the appeal being taken up in
the near future and in the interest of justice, this petition is allowed
subject to the following conditions:-
i) Before the petitioner leaves the country, he shall file
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CRL.MC NO.7126 OF 2024
an affidavit before the trial court giving the details of
his travel and his contact address there including his
mobile number.
ii) He shall execute a bond for ₹50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the
like sum to the satisfaction of the trial court;
iii) He shall not commit any offence(s) similar or
otherwise during such time;
iv) The period for which he is permitted to go abroad
is for six months.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
C.S.SUDHA
JUDGE
NP
2024:KER:79344
PETITIONER'S ANNEXURES
Annexure AI A TRUE COPY OF ORDER DATED 19.02.2024 IN
CRL M APPL NO.1/2023 IN CRL A
NO.1638/2023 PASSED BY THE HONOURABLE
HIGH COURT OF KERALA
Annexure AII A TRUE COPY OF THE APPLICATION DATED
28.06.2024 IN CMP NO.264/2024 IN SC
NO.145/2014 ON THE FILES OF SPECIAL
JUDGE, FAST TRACK SPECIAL COURT,
KUNNAMKULAM
Annexure A III A TRUE COPY OF THE ORDER DATED
26.07.2024 IN CMP NO.264/2024 IN SC
NO.145/2014 PASSED BY THE SPECIAL JUDGE
FAST TRACK SPECIAL COURT , KUNNAMKULAM
RESPONDENT'S ANNEXURES: NIL
