A.M.NOUSHAD BAQAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.7 of 2023 of Cheruthuruthy Police Station, alleging commission of offence under Sec. 451, 354A(1)(i) of Indian Penal Code Sec 8 r/w Sec. 7 and 10 r/w Sec. 9(p) of the Protection of Children from Sexual Offences Act. The petitioner was granted pre-arrest bail by this Court as per Annexure A1 order, subject to certain conditions. As per condition No.6, the petitioner shall not leave State of Kerala without the permission of the trial court. The petitioner being a religious scholar has been invited to attend and speak at a religious function in Manama, being held from 17/3/2023 onwards. He is also invited for a function at Sharjah being held on 25/3/2023. Circumstances being such, the petitioner moved a petition before the trial court seeking permission to go abroad. That petition having been rejected as per Annexure A6, this Crl.M.C is filed.

(2.) Learned counsel for the petitioner submitted that in spite of being convinced that the petitioner can be permitted to leave the country by relaxing condition No.6, this court having had granted such liberty to the trial court, the request for leaving the country was rejected by referring to condition No.3 which requires the petitioner to appear before the investigating officer on every Saturday, between 10:00 AM and 11:00AM, until further orders. It is submitted that the understanding of the Special court in this regard is flawed since the wording of condition No.6 indicates that the trial court can grant permission to the petitioner to leave the State and in such event, the 3rd condition will not be an impediment.

(3.) Heard the learned Public Prosecutor also.