Kerala High Court
Shahim Sha vs The State Of Kerala on 31 January, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 31ST DAY OF JANUARY 2020 / 11TH MAGHA, 1941
OP(Crl.).No.38 OF 2020
AGAINST THE ORDER/JUDGMENT IN CMP 115(A)/2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY
CRIME NO.1432/2019 OF Karunagapally Police Station , Kollam
PETITIONER/2ND ACCUSED:
SHAHIM SHA.,
AGED 24 YEARS
S/O. SHAMSUDHEEN, RESIDING AT VELUTHERIL,
ADINADU SOUTH, KARUNAGAPALLY, KOLLAM.
BY ADV. SRI.S.SREEKUMAR (KOLLAM)
RESPONDENTS/COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, 682 031.
2 THE STATION HOUSE OFFICER,
KARUNAGAPALLY POLICE STATION, KARUNAGAPALLY,
KOLLAM 690 518.
SRI.RAMESH CHAND PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
31.01.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(Crl.).No.38 OF 2020
2
JUDGMENT
Dated this the 31st day of January 2020 Petitioner is the 2nd accused in Crime No.1432/2019 of Karunagapally Police Station. He was involved in a criminal case, for allegedly committed offences punishable under Sections 294(b), 341, 302 r/w Section 34 of the IPC.
2. The petitioner was granted bail by this Court on conditions and one of the conditions was that he has to surrender his passport. The petitioner is working as a house driver in the State of Qatar with a Visa which allegedly expires on 06.02.2020, and he has to reach the State of Qatar before 31.01.2020 and therefore, he filed CMP No.115(A)/2020 before the Jurisdictional Magistrate seeking release of the passport so that he can go back and join OP(Crl.).No.38 OF 2020 3 his duty and also renew his Visa.
3. The learned Magistrate in impugned order at Ext.P2 observed that, the prosecution has very strongly objected to the release of the passport for the reason that the investigation is still at its infancy, and moreover the victim's wife has also approached this Court with WP(C) 31133/2019 seeking a prayer to hand over the investigation to a more efficient agency since there are some inadequacies in the present investigation of the case. Considering all these facts the learned Magistrate dismissed the application for release of the passport.
Having heard both sides, I find that, the petitioner ought to have reached Qatar prior to 31.01.2020, and that is not now possible. OP(Crl.).No.38 OF 2020 4 Hence, no purpose will be served by allowing this petition at this point in time. The petitioner will have to apply afresh for a job in Qatar, and on such contingency arising, he shall apply afresh for release of his passport, by that time, the investigation also would have made some progress. I do not intend to interfere in the impugned order at Ext.P2.
This petition is therefore dismissed.
Sd/-
ASHOK MENON JUDGE spk OP(Crl.).No.38 OF 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 11.11.2019 IN BAIL APPLICATION NO.
774/2019 OF THE HONBLE HIGH COURT OF KERALA.
EXHIBIT P2 THE TRUE COPY OF THE ORDER IN C.M.P. NO. 115(A)/2020 DATED 14.01.2020 OF JUDICIAL FIRST CLASS MAGISTRATE, KARUNAGAPALLY.
EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF THE PETITIONER'S PASSPORT.
EXHIBIT P4 THE TRUE COPY OF THE RESIDENCY PERMIT (VISA) ISSUED FROM THE STATE OF QATAR. RESPONDENT'S/S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE