MUHAMMAD HILAL BUYYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the accused in Crime Nos.443 and 442 of 2018 registered at the Kannur City Police Station, alleging offences punishable under Sections 457, 461 and 395 of the IPC. He is admittedly a citizen of Bangladesh. The petitioner was granted statutory bail by the Court of Session on 23.03.2019 after undergoing prolonged incarceration. In view of certain conditions imposed by the learned Sessions Judge, he has not been able to secure his release from the prison. The petitioner is seriously aggrieved by condition Nos. (1) & (2) of the order, which read as follows.

(2.) According to the petitioner, on his arrest, his passport and the VISA issued from his country were seized from his possession by the police. In view of the above, he is unable to produce them before the jurisdictional Court. It is further submitted that the petitioner was residing in the Hydrose Juma Masjid Quarters under the supervision of Aboobacker, but the said institution has no landline number. He is, therefore, unable to comply with that condition as well. It is further submitted that the petitioner is prepared to comply with all the other conditions such as the one in which he has been asked to furnish local sureties and to appear before the Investigating Officer on all days. Seeking modification of the above conditions, the petitioner approached the learned Sessions Court, but the same was rejected.

(3.) The learned Public Prosecutor has filed a statement, wherein it is stated that the petitioner is accused of having committed very serious offences. It is further submitted that at the time of his arrest, a Bangladesh Passport bearing No. BX0268435 issued on 2.10.2018 from Dhaka as well as a VISA was seized. According to the learned Public Prosecutor, the police have approached the concerned authorities to ascertain whether those documents are valid. However, they have not received any response till date.