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Mathew Samuel v. State Of Kerala And Ors

Mathew Samuel v. State Of Kerala And Ors

(High Court Of Kerala)

CRL.MC NO. 3562 OF 2022 | 07-06-2022

1. The petitioner is the accused in Crime No.1534 of 2017 of Erumeli Police Station which is now pending as C.C. No.258/ 2018 before the Judicial First Class Magistrate Court – II, Kanjirappally. The offences alleged against the petitioner are under Section 153, 501 of Indian Penal Code under Section 120(o) of Kerala Police Act.

2. The grievance highlighted by the petitioner in this Crl.M.C. is against the condition imposed in Annexure 1 order. The aforesaid order was passed by the learned Magistrate on the application submitted by the petitioner seeking permission to go abroad and also to get his passport renewed. As per the impugned order, the learned Magistrate granted permission to the petitioner to go abroad for a period of one year on certain conditions. One of the conditions was that, he shall furnish the address of place of residence abroad. It is further pointed out by the learned counsel for the petitioner that, the period for which the permission was granted by the learned Magistrate is too inadequate as he intends to go to America and for getting the visa processed, the applicant must have a passport with a minimum validity of six months as on the date of issuance of visa. It is pointed out that, the processing of visa is likely to take some time and by the time the entire processing of visa is completed, more than six months time would get expired and in such an event, it may not be possible for the petitioner to get the benefits of the order passed by the learned Magistrate. In such circumstances the petitioner prays for permission of three years for renewal of passport. It was further contended that the petitioner was working in U.S.A. for past 15 years as a Journalist and he came back to India on account of the situation duo to Covid – 19 pandemic.

3. On the other hand the learned Public Prosecutor would oppose the aforesaid apprehension.

4. I have gone through the records. The Calendar Case is of the year 2018 and it is understood that the disposal of the same is likely to take some more time. The fact that the petitioner is a Journalist who was working abroad for the past several years is not disputed. In such circumstances, taking into account the delay that is likely to occur in disposal of the case against him and to provide an opportunity to the petitioner to pursue his avocation, I deem it appropriate to show some indulgence. This is particularly because, merely due to the reason that a crime has been registered against an accused he should not be deprived of his livelihood and avocation.

5. Considering the facts and circumstances of the case, I am inclined to modify Annexure 1, by granting the period therein as three years from the date of issuance of passport.

6. With regard to the condition compelling the petitioner to furnish the full address of place of residence abroad, I do not think that there is any infirmity in fixing such a condition. However, while imposing such a condition one cannot forget the fact that, due to several reasons sometimes the petitioner may have to shift the place of residence. In such circumstances, it is clarified that, in case of change of residence, the petitioner shall immediately inform such change of address through his counsel before the court below. Apart from the above, the petitioner shall make available before the trial court his telephone and his email address. The modification of this order shall be subject to the condition that the petitioner shall make himself available before the court as and when required. The petitioner shall comply with all the conditions imposed by the learned Magistrate in Annexure 3 order, subject to the above modifications.

Advocate List
Bench
  • HON'BLE MR. JUSTICE ZIYAD RAHMAN A.A.
Eq Citations
  • LQ
  • LQ/KerHC/2022/3211
Head Note

Criminal Trial — Permission to accused to go abroad — Modification of conditions of permission — Petitioner, a journalist, accused in a criminal case — Magistrate granting permission to petitioner to go abroad for a period of one year on certain conditions — Petitioner seeking modification of conditions — Petitioner seeking permission of three years for renewal of passport — Held, Calendar Case is of the year 2018 and it is understood that the disposal of the same is likely to take some more time — Petitioner is a Journalist who was working abroad for the past several years — I deem it appropriate to show some indulgence — Considering the delay that is likely to occur in disposal of the case against him and to provide an opportunity to the petitioner to pursue his avocation, I deem it appropriate to modify Annexure 1, by granting the period therein as three years from the date of issuance of passport — With regard to the condition compelling the petitioner to furnish the full address of place of residence abroad, I do not think that there is any infirmity in fixing such a condition — However, while imposing such a condition one cannot forget the fact that, due to several reasons sometimes the petitioner may have to shift the place of residence — In such circumstances, it is clarified that, in case of change of residence, the petitioner shall immediately inform such change of address through his counsel before the court below — Apart from the above, the petitioner shall make available before the trial court his telephone and his email address — The modification of this order shall be subject to the condition that the petitioner shall make himself available before the court as and when required — Petitioner shall comply with all the conditions imposed by the Magistrate in Annexure 3 order, subject to the above modifications. (Paras 4 to 6)