Shamnad vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1329442
CourtKerala High Court
Decided OnJul-31-2024
Case NumberCrl.MC/6463/2024
JudgeHonourable Mr. Justice Bechu Kurian Thomas
AppellantShamnad
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas wednesday, the 31st day of july 2024 / 9th sravana, 1946 crime no.1265/2019 of kallambalam police station, thiruvananthapuram cmp no.1684 of 2024 of judicial magistrate of first class - iv, attingal petitioner/ accused no.2 : shamnad aged 51 years s/o muhammed ansari, priyatha veedu, chavadimukku, muttappalam desom, chemmaruthi village, varkala, thiruvananthapuram, pin - 695145 by advs. p.anoop (mulavana) rajitha v.k respondent/ state : state of kerala represented by public prosecutor, high court of kerala, pin - 682031 by sri. noushad k. a., public prosecutor this criminal misc. case having come up for admission on 31.07.2024, the court on the same day passed the following:bechu kurian thomas, j.=-=-=-=-=-=-=-=-=-=-=-=-= crl.m.c.no.6463 of 2024 -=-=-=-=-=-=-=-=-=-=-=-= dated this the 31st day of july, 2024orderpetitioner is the 2nd accused in crime no.1265 of 2019 of kallambalam police station, thiruvananthapuram. the offences alleged against the petitioner includes sections 463, 464, 420, 468 and 471 etc. of the indian penal code, 1860.2. despite registering the fir in 2019, the final report has notyet been filed. in the meantime, petitioner filed an application seeking permission for renewal of his passport for a period of two years. however, by the impugned order dated 05.04.2024, the learned magistrate granted permission to renew the passport only for one year apart from imposing a condition that petitioner shall not leave india without the previous permission of the court. petitioner is aggrieved by the condition limiting the renewal of his passport to a period of only one year.3. having heard the learned counsel for the petitioner as wellas the learned public prosecutor, i am of the view that the period of validity of the passport of the petitioner can be permitted to be renewed for two years especially since the crime is only at the investigation stage. in view of the above, while retaining the conditions imposed by the learned magistrate in the impugned order, permission is granted to renew the passport of the petitioner for a period of two years. the crl.m.c.is disposed of as above. sd/- bechu kurian thomas, judge rkm appendix of crl.mc 6463/2024 petitioner's annexures : annexure a1 the true copy of the order in cmp no. jfcm-iv, attingal dated 05/04/2024
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 CRIME NO.1265/2019 OF Kallambalam Police Station, Thiruvananthapuram CMP NO.1684 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IV, ATTINGAL PETITIONER/ ACCUSED NO.2 : SHAMNAD AGED 51 YEARS S/O MUHAMMED ANSARI, PRIYATHA VEEDU, CHAVADIMUKKU, MUTTAPPALAM DESOM, CHEMMARUTHI VILLAGE, VARKALA, THIRUVANANTHAPURAM, PIN - 695145 BY ADVS. P.ANOOP (MULAVANA) RAJITHA V.K RESPONDENT/ STATE : STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SRI. NOUSHAD K. A., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C.No.6463 of 2024 -=-=-=-=-=-=-=-=-=-=-=-= Dated this the 31st day of July, 2024

ORDER

Petitioner is the 2nd accused in Crime No.1265 of 2019 of Kallambalam Police Station, Thiruvananthapuram. The offences alleged against the petitioner includes Sections 463, 464, 420, 468 and 471 etc. of the Indian Penal Code, 1860.

2. Despite registering the FIR in 2019, the final report has not

yet been filed. In the meantime, petitioner filed an application seeking permission for renewal of his passport for a period of two years. However, by the impugned order dated 05.04.2024, the learned Magistrate granted permission to renew the passport only for one year apart from imposing a condition that petitioner shall not leave India without the previous permission of the court. Petitioner is aggrieved by the condition limiting the renewal of his passport to a period of only one year.

3. Having heard the learned counsel for the petitioner as well

as the learned Public Prosecutor, I am of the view that the period of validity of the passport of the petitioner can be permitted to be renewed for two years especially since the crime is only at the investigation stage. In view of the above, while retaining the conditions imposed by the learned Magistrate in the impugned order, permission is granted to renew the passport of the petitioner for a period of two years. The Crl.M.C.is disposed of as above. Sd/- BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF CRL.MC 6463/2024 PETITIONER'S ANNEXURES : Annexure A1 THE TRUE COPY OF THE ORDER IN CMP NO. JFCM-IV, ATTINGAL DATED 05/04/2024