ASHRAF KALLUNKAL Vs. THE CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Petitioner is the 15th accused in C.C.No.2/2016, which has arisen from RC.14(A)/2013/CBI/ACB/Cochin pending before the Special Court, SPE/CBI -II, Ernakulam. Originally, the said RC was registered in the year 2013. During the registration of the RC and subsequent to it, the petitioner was in UAE. While the petitioner was remaining in UAE, he was arraigned as an accused in the RC on 24.12.2014, as is evident from Annexure ­ IV order of the court below.

(2.) According to the petitioner, he was not aware of the registration of the aforesaid RC or his subsequent arraignment in the RC and therefore, he continued to be in UAE. While so, he wanted to get his Passport renewed, for which he voluntarily tendered his Passport at the office of the Consul General, Dubai.

(3.) After some time, Annexure ­ II show cause notice dated 30.03.2015 was issued to the petitioner in his residential address in Kerala, stating about his arraignment as an accused in the RC, and calling upon him to show cause as to why his Passport should not be impounded.