BY AD v. A.RAJASIMHAN

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

22.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC 86/2024 2 BECHU KURIAN THOMAS, J ......…............................................. Crl.M.C. No.86 of 2024 …................................................ Dated this the 22nd day of January, 2024 ORDER Petitioners are the accused in Crime No.589/2023 of Palode Police Station, alleging offences punishable under Sections 3, 25(IB)(a) of the Arms Act, 1959, apart from 8(1) and (2) of the Abkari Act, 1967.

While granting bail to the petitioners in Crl.M.C.982/2023, the learned Sessions Judge imposed certain conditions. Thereafter, petitioners approached this Court in Crl.M.C.No.4965/2023 seeking modification of the conditions imposed and by order dated 03.07.2023, this Court modified the conditions and directed that petitioners obtain permission from the Jurisdictional Court, if they intent to go abroad.

However, when petitioners approached the learned Magistrate seeking permission to travel abroad that petition was dismissed, pointing out that the Magistrate court lacked CRL.MC 86/2024 3 jurisdiction. Subsequently, petitioners once again approached this Court through Crl.M.C.No.6057/2023 and by order dated

04.08.2023, it was held that the Magistrate was not justified in dismissing the application, as the final report had not yet been laid.

Pursuant to the above judgment, petitioners filed Crl.M.P.No.4243/23 seeking permission to travel abroad. However, by the impugned order dated 08.08.2023, permission was granted to go abroad only for a period of six months.

Sri.A.Rajasimhan, the learned counsel for the petitioners, contended that the order granting permission to travel abroad only for six months causes serious prejudice to the petitioner as they had already been employed abroad even at the time of registration of the crime. It was submitted that permission ought to be granted for a minimum period of five years to reside abroad.

Sri. Noushad K.A., the learned Public Prosecutor, on the other hand, submitted that pursuant to the impugned order, CRL.MC 86/2024 4 petitioners have already traveled abroad and that no prejudice would be caused to them as they can appear and seek extension of the period stipulated, especially since the final report is about to be filed before the Court.

A perusal of the impugned order reveals that the court has already granted permission to the petitioners to go abroad, as they have been employed in Qatar for the last 12 years. Conditions have been imposed that petitioners should appear before the court as and when required. Since the said conditions are sufficient for the time being to ensure that the petitioners will appear before the court, I am of the view that, taking into reckoning employment of the petitioners in Qatar, the permission for six months is too meagre and can cause prejudice. Considering the entire circumstances, permission for two years would be a reasonable period.

In the above circumstances, a period of six months granted to the petitioners to go abroad shall stand modified to two years from 08.08.2023.

It is made clear that all other conditions imposed by the CRL.MC 86/2024 5 learned Magistrate shall continue. Any further extension of time can be sought for, from the jurisdictional court in accordance with law. The Crl.M.C.is disposed of. sd/- BECHU KURIAN THOMAS JUDGE AMV/22/01/2024 CRL.MC 86/2024 6 APPENDIX OF CRL.MC 86/2024 PETITIONER ANNEXURES ANNEXURE A1 ANNEXURE A2 ANNEXURE A3 ANNEXURE A4 ANNEXURE A5 ANNEXURE A6 ANNEXURE A7 ANNEXURE A8 ANNEXURE A9 ANNEXURE A10 ANNEXURE A11 ANNEXURE A12 ANNEXURE A13 ANNEXURE A14 TRUE COPY OF THE FIR NO. 589 OF 2023 OF PALODE POLICE STATION TRUE COPY OF THE ORDER IN CRLMC NO. 982 OF 2023 OF SESSIONS COURT, THIRUVANANTHAPURAM DATED 29-4-2023 TRUE COPY OF THE ORDER IN CRLMC NO. 984 OF 2023 OF SESSIONS COURT, THIRUVANANTHAPURAM DATED 29-4-2023 TRUE COPY OF THE INDIAN PASSPORT OF THE 1ST PETITIONER BEARING NO. S1211698 TRUE COPY OF THE 1ST PETITIONER'S RESIDENCY PERMIT ISSUED BY THE STATE OF QATAR TRUE COPY OF THE 1ST PETITIONER'S DIGITALLY ATTESTED ELECTRONIC LABOR CONTRACT DATED 29-1-2022 TRUE COPY OF THE LETTER DATED 9-5-2023 ISSUED BY THE GENERAL MANAGER OF THE 1ST PETITIONER'S COMPANY TRUE COPY OF THE RESIDENCY PERMIT OF 1ST PETITIONER'S WIFE NEERAJA VISHNU ISSUED BY THE STATE OF QATAR TRUE COPY OF THE RESIDENCY PERMIT OF 1ST PETITIONER'S ELDER DAUGHTER SAHASRA VISHNU NEERAJA ISSUED BY THE STATE OF QATAR TRUE COPY OF THE RESIDENCY PERMIT OF THE 1ST PETITIONER'S YOUNGER DAUGHTER SANIDHYA VISHNU NEERAJA ISSUED BY THE STATE OF QATAR TRUE COPY OF THE INDIAN PASSPORT OF THE 2ND PETITIONER BEARING NO. S7249211 TRUE COPY OF THE 2ND PETITIONER'S RESIDENCY PERMIT ISSUED BY THE STATE OF QATAR TRUE COPY OF THE 2ND PETITIONER'S DIGITALLY ATTESTED ELECTRONIC LABOR CONTRACT DATED 2-4-2023 TRUE COPY OF THE LETTER DATED 9-5-2023 THE GENERAL MANAGER OF THE 2ND CRL.MC 86/2024 7 ANNEXURE A15 ANNEXURE A16 ANNEXURE A17 ANNEXURE A18 PETITIONER'S COMPANY TRUE COPY OF THE COMMON ORDER DATED 3-7-2023 IN CRLMC NO. 4964/2023 AND 4965/2023 OF THIS HON'BLE COURT TRUE COPY OF THE ORDER DATED 26-7-2023 IN CRLMP NO. 4243 OF 2023 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT FOR THE TRIAL OF FOREST OFFENCES, NEDUMANGAD TRUE COPY OF THE COMMON ORDER DATED 4-8-2023 IN CRLMC NO. 6057 OF 2023 AND 6049 OF 2023 OF THIS HON'BLE COURT TRUE COPY OF THE ORDER DATED 8-8-2023 IN CRLMP NO. 4243 OF 2023 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT FOR THE TRIAL OF FOREST OFFENCES, NEDUMANGAD TRUE COPY