SIVAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE order under challenge is Annexure A4 rendered on 07/05/2015 on CMP No. 1023/2015 in CC No. 66/2012 of Judicial First Class Magistrate's Court -II, Attingal. By the said order the court below has rejected the plea of the petitioner seeking permission to travel abroad. The petitioner is sole accused in Crime No. 1083/2011 of Kilimanoor Police Station for offences registered under Sections 279, 337, 338 and 304 -A of the Indian Penal Code. During pendency of the investigation, the court below as per Annexure A1 order dated 10/12/2012 had granted exemption to the petitioner for appearance and it was ordered therein that the petitioner/accused shall appear before the court below as and when required. In pursuance of Annexure A1 order the petitioner had travelled abroad in connection with his employment in Dubai. Thereafter he returned back to Kerala from Dubai and at this juncture his passport was seized by the officials in the Airport and it is in these circumstances that the petitioner was constrained to approach the court below by filing Annexure A3 application which led to the passing of the impugned Annexure A4 order. During the pendency of the present criminal investigation, the petitioner was abroad during the period from 29/09/2014 onwards and he had voluntarily come back to India. Therefore it cannot be presumed that the petitioner is a person who misuses any beneficial orders that were earlier passed by the criminal court concerned. It is stated by Sri. N. Krishna Prasad learned counsel appearing for the petitioner that the petitioner is aged 39 and that his right will be detrimentally affected if he is interdicted from travelling abroad in connection with the foreign employment. This Court in Mohammed Rafeek v. The Union of India : 2011 (3) KLT 117 held in paragraph 11 and 12 as follows:

(2.) IN the light of these aspects, this Court is of the considered opinion that the court below has not considered all relevant aspects of the matter while passing the impugned injunction order. In these circumstances the impugned Annexure A4 order is set aside and the petitioner will be granted necessary short term permission to travel abroad subject to any conditions that may be imposed by the court below keeping in view the total pendency of the cases and the likely scheduling of the trial in this case. For this purpose the matter is remitted to the Judicial First Class Magistrate's Court -II, Attingal for passing necessary orders imposing sufficient conditions and safeguards that are necessary and found to be just by the court below for regulating the permission given to the petitioner to travel abroad. Orders in this regard may be passed by the court below concerned within a period of one week from the date of production of certified copy of this order. Permission is granted subject to the condition that petitioner shall swear to an affidavit before the court below undertaking that he would appear before the court below as and when required and the petitioner would also deposit cash security for Rs. 1 Lakh before the court below and such other conditions as may be found necessary by the learned Magistrate to impose in the facts of this case.