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Manoj Madhusoodhanan vs State Of Kerala on 6 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941

Crl.MC.No.7716 OF 2019(D)

AGAINST THE ORDER/JUDGMENT IN CMP 7005/2019 OF CHIEF JUDICIAL
MAGISTRATE ,KOLLAM

CRIME NO.1587/2018 OF Kollam East Police Station , Kollam

PETITIONER/S:

MANOJ MADHUSOODHANAN, AGED 31 YEARS
S/O.MADHUSOODHANAN, SHEELA MANDIRAM, KADAKKAL,
KOTTAPPURAM, ELAMZHANNOOR P.O., KOLLAM DISTRICT.

BY ADVS.
SRI.ALEXANDER GEORGE
SMT.NOVA SEN ABRAHAM
RESHMA SHAJI

RESPONDENT/S:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.

2 STATION HOUSE OFFICER,
KOLLAM EAST POLICE STATION,
KOLLAM DISTRICT – 691 001.

OTHER PRESENT:

SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
::2::
Crl.MC.No.7716 OF 2019(D)

ALEXANDER THOMAS, J.
—————————–
Crl.M.C.No.7716 Of 2019
———————————
Dated this the 6th day of November, 2019.

ORDER

The prayer in the above Crl.M.C filed under the enabling

powers under Sec.482 of the SectionCr.P.C is as follows:

“………….. to quash Annexure 7 order passed in
Crl.M.P.No.7005/2019 in Crime No.1587/2018 of Kollam East
police Station by the Chief Judicial Magistrate Court, Kollam
and allow the petitioner to go abroad (UAE) in connection with
his job and pass such other orders in accordance with law.”

2. Heard Sri.Alexander George, learned counsel for the

petitioner (A1) and Sri.Santhosh Peter, learned Prosecutor

appearing for the respondents.

3. The petitioner is aggrieved by the impugned Anx-7

order whereby his plea for permission to travel abroad has been

rejected. The impugned Anx-7 order reads as follows:

“ORDER

This is a petition filed by the 1st accused in Kollam East
Police Station, Crime No.1587/2018 of the offences under
sections 294(b), 323, 506, 498A, 494 406 r/w Sec.34 of the
SectionI.P.C., with a prayer to permit him to leave for abroad.

In response to the petition the Sub Inspector of Kollam
East Police Station filed a report through Deputy Director of
Prosecution stating that the crime is under investigation and
the presence of the accused is necessary for the investigation.

In view of the report that the present of the petitioner
is necessary for the purpose of investigation, it is not proper to
allow the petition. Hence petition is dismissed without
prejudice to move similar petitions at the time when the
investigation is complete.”

::3::

Crl.MC.No.7716 OF 2019(D)

4. After hearing the learned counsel for the petitioner-

accused and the learned Prosecutor, this Court is of the considered

view, in the facts and circumstances of this case, that the petitioner

could have been granted permission to travel abroad at least for a

limited period as otherwise his livelihood may be affected, more so,

particularly, taking into account the legal principles laid down by

this Court in the decisions as in .SectionK.Asok Kumar v. State of Kerala

reported in 2009 KHC 557, SectionMuhammed v. State of Kerala

reported in 2012 (4) KLT 655 and SectionMohammed Rafeek v. Union of

India reported in 2011(3) KLT 117, etc.

5. Accordingly, it is ordered that the impugned Anx-A7

order will stand set aside and the following orders and directions

are issued:

1. The petitioner is permitted to travel abroad on
condition that he should return back to State of Kerala
within one year from the date of departure from India.

2. This is subject to the condition that the petitioner
should execute a bond for Rs.2 lakhs (Rupees Two
Lakhs only) and also furnish two solvent sureties for
the like sum each both to the satisfaction of the Chief
Judicial Magistrate Court, Kollam, who is dealing with
the instant case and in case the petitioner does not
returned back to India within the said time limit, then
appropriate steps should be taken for forfeiture of the
bond amount.

3. The petitioner should file an affidavit before the Chief
Judicial Magistrate Court, who is dealing with the said
case unconditionally undertaking that he would return
::4::

Crl.MC.No.7716 OF 2019(D)

back to India within the abovesaid period of one year
from the date of departure from India and also that he
would also attend to any prior date, if it is so
emergently required.

4. In the said affidavit the petitioner should furnish his
details of the address in the foreign country concerned
as well as his mobile number, email ID, WhatsApp
number, etc.

5. A copy of the affidavit should also be submitted to the
Prosecutor as well as to the Investigating Officer
concerned. In case the petitioners presence is
required prior to the abovesaid time limit of one year,
the Investigating Officer may communicate the same
to him in his foreign address to be furnished by him
through email, WhatsApp, etc.

With these observations and directions, the above Crl.M.C

will stand disposed of.

Sd/-

ALEXANDER THOMAS,
Judge.

bkn/-

::5::

Crl.MC.No.7716 OF 2019(D)

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 THE TRUE COPY OF THE FIR AND FI
STATEMENT IN CRIME NO.1587/2018 OF
KOLLAM EAST POLICE STATION.

ANNEXURE 2 THE TRUE COPY OF THE ORDER PASSED IN
BA 6873/2019.

ANNEXURE 3 THE TRUE COPY OF THE PETITION FILED BY
THE PETITIONER ON 14/10/2019.

ANNEXURE 4 THE TRUE COPY OF THE PASSPORT OF THE
PETITIONER.

ANNEXURE 5 THE TRUE COPY OF THE VISA OF THE
PETITIONER.

ANNEXURE 6 THE TRUE COPY OF THE DRIVING LICENSE
OF THE PETITIONER.

ANNEXURE 7 CERTIFIED COPY OF THE ORDER IN
CRL.M.P.NO.7005/2019 IN CRIME

NO.1587/2018 OF THE CJM COURT, KOLLAM.

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