VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in Crime No.589/2023 of Palode Police Station, alleging offences punishable under Ss. 3, 25(IB)(a) of the Arms Act, 1959, apart from 8(1) and (2) of the Abkari Act, 1967.

(2.) While granting bail to the petitioners in Crl.M.C.982/2023, the learned Sessions Judge imposed certain conditions. Thereafter, petitioners approached this Court in Crl.M.C.No.4965/2023 seeking modification of the conditions imposed and by order dtd. 3/7/2023, this Court modified the conditions and directed that petitioners obtain permission from the Jurisdictional Court, if they intent to go abroad.

(3.) However, when petitioners approached the learned Magistrate seeking permission to travel abroad that petition was dismissed, pointing out that the Magistrate court lacked jurisdiction. Subsequently, petitioners once again approached this Court through Crl.M.C.No.6057/2023 and by order dtd. 4/8/2023, it was held that the Magistrate was not justified in dismissing the application, as the final report had not yet been laid.