High CourtsSingle Bench

Abdul Rasheed @ Dr.A.R.Babu vs Central Bureau Of Investigation (CBI)

High Court Of Kerala · Decided on 4 April 2023 · Citation: (2023) 04 KL CK 0026

HON’BLE JUDGES
Dr. Kauser Edappagath, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 2779 Of 2023
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Judgment

11 paragraphs · 296 words

Dr. Kauser Edappagath, J

1.

Annexure-A7 order passed by the Special Judge (SPE/CBI) Thiruvananthapuram is under challenge in this Crl.M.C.

2.

The petitioners are the accused Nos.1 and 3 in Crime No.RC/3(A)/2019/CBI/ACB/Cochin. This Court granted bail to the petitioners as per Annexure-A2 order on conditions, among other things, that they shall surrender their passports before the jurisdictional court and shall seek permission as and when they intend to go abroad.

3.

The petitioners have filed Annexure-A5 petition to release their passports to travel abroad for two years. The court below, after hearing both sides, dismissed the said petition, vide Annexure-A7 order, which is under challenge in this Crl.M.C.

4.

I have heard Sri.C.S.Manu, the learned counsel for the petitioners and Sri.Sreelal Warrier, the learned Special Public Prosecutor for CBI.

5.

The court below dismissed Annexure-A5 petition on the ground that no document has been produced by the petitioners to substantiate their plea that they want to go abroad.

6.

The learned counsel for the petitioners submits that the petitioners have business interest at Dubai and they want to frequently visit Dubai. It is further submitted that they want to go to Switzerland for 15 days with effect from 28th of April, 2023.

Having heard both sides, I am of the view that this Crl.M.C. can be disposed of as follows:

(i) The petitioners are permitted to go to Switzerland for a period of 20 days from 28th of April, 2023.

(ii) The petitioners shall furnish their travel details, contact address and phone number at Switzerland before they leave the country.

(iii) The petitioners are free to move the application before the court below to go abroad whenever they want. On receipt of that application, the court below shall dispose of the same, in accordance with law.