KABEER Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed by the

(2.) nd accused in SC No.695/2018 on the file of the Sessions Court, Manjeri, which was taken on file on the final report in crime No.45/1995 of Edavanna police station. The offence alleged is under Sec. 302 of the IPC. According to the petitioner, he is running a restaurant in Qatar; his family is also abroad. In 2020 he had moved this Court with Crl.M.C.No.4709/2020 for allowing a short visit abroad to see his family and also to spruce up his business there, and obtained Annexure-1 order whereby he went abroad and came back promptly. Even though the case was about to commence trial, due to the pandemic situation trial is being delayed. Due to the pandemic situation his business has come down; he was looking after the business; his wife is not educated and children are too young. In order to spruce up the business his immediate visit abroad is necessary. He also wants to renew his visa. However, another case, crime No.219/2019, happened to be registered against him under Ss. 465, 468, 471 and 417 of the IPC. He had changed his name by effecting Gazette notification. Therefore, allegations in that crime are false. In the pandemic situation it is unlikely that the trial in the case will not be commenced. Even if it is commenced, he will be able to reach back home after visiting his family and attending the business. Therefore, he seeks release of his passport for the purpose of going abroad for a short visit. 2. I heard the learned counsel for the petitioner as well as the learned Senior Public Prosecutor.

(3.) The learned Public Prosecutor has strongly opposed the application.