MOOSA PATTUPARA Vs. STATE OF KERALA

JUDGEMENT

(1.) Should an accused in a pending criminal case seek permission from the Court concerned for visiting a foreign country in terms of the Notification GSR 570(E) dtd. 25/8/1993 r/w S.6(2)(f) of the Passports Act, 1967 even if he holds a valid passport? - is the question falls for consideration in this Criminal Miscellaneous Case.

(2.) The petitioner is the sole accused in SC No. 826/2017 on the file of the Fast Track Special Court, Manjeri (for short, the 'Court below'). The offences alleged against him are under Ss. 376 of IPC and 31(1) of the Protection of Women from Domestic Violence Act, 2005. The petitioner appeared at the court below and was released on bail. Later on, he filed an application (Crl.MP No. 405/2021) invoking S.317 of Cr.P.C (Sec. was wrongly quoted as S.205 of Cr.P.C.) to dispense with his personal attendance and to conduct the trial in his absence. The reason shown was that he was employed abroad and he wanted to go back to rejoin his employment. The application was dismissed by the Court below as per the impugned order holding that the petitioner has to file an application under the provisions of the Passports Act seeking permission to depart from India. The said order is under challenge in this Crl.M.C.

(3.) I have heard Sri. Thareeq Anver, the learned counsel for the petitioner and Sri. Sangeetha Raj, the learned Public Prosecutor.