JOSHY THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is an accused in Crime No.1402 of 2019 registered at the Town South Police Station, Ernakulam, for offences under Sections 406, 420 read with 34 of IPC , now pending as C.C.No.232 of 2020 on the files of the Additional Chief Judicial Magistrate's Court (EO), Ernakulam. The petitioner was arrested on 29.12.2019. He was granted bail on 28.1.2020 vide Annexure II order, subject to stringent conditions. Condition No.3 in Annexure II is that the passport of the petitioner, which had been seized by the Police, shall be retained. The petitioner filed C.M.P.No.875 of 2020 before the Magistrate's Court seeking relaxation of condition Nos.2 and 3 in Annexure II. By Annexure IX order dated 16.3.2020, the learned Magistrate granted relaxation of condition No.3 and directed release of the petitioner's passport for a period of four months subject to the following conditions; "

(2.) According to the petitioner, due to the national lock down and the travel restrictions imposed, air travel between India and the UAE was not possible for a considerable period of time. Therefore, he was not able to go abroad, in spite of having complied with the condition of deposit of Rs.2 lakhs and having got his passport released on 2.6.2020. The petitioner therefore filed C.M.P.No.1574 of 2020 seeking extension of the time granted under Annexure IX order. The learned Magistrate rejected the request vide Annexure XI order. Petitioner made a further attempt to get the time granted under Annexure IX extended, by filing C.M.P.No.1671 of 2020, which was also dismissed by Annexure XIV order.

(3.) This Crl.M.C is filed challenging Annexures XI and XIV orders and seeking a direction to release the passport and permit the petitioner to go abroad for a minimum period of three months.