Annamma Mathew vs State Of Kerala

This Crl.M.C. has been filed to delete condition Nos.(c) and (d) in Annexure-1 order dated 4.1.2018 in Crl.M.P.No.7331/2017 on the file the Court of Sessions, Alappuzha and to grant permission to the petitioner to visit USA and to stay with her daughters for a period of one year.

The petitioner is the accused No.4 in Crime No.134/2017 of Mavelikara Police Station. The offences alleged are punishable under Sections 120B, 406, 408, 409, 417, 420, 465, 468 and 471 read with Section 34 of the IPC.

The petitioners were granted bail on conditions. The condition Nos.(c) and (d) are as follows:-

“(a)xxx

(b) xxx

(c) The petitioners shall surrender their passport before the Judicial First Class Magistrate-I, Mavelikara within 3 days of the release on bail and if they do not possess any passport, they shall file an affidavit to that effect in the Court within the said period.

(d) The petitioners shall not leave Alappuzha District unless specific permission is obtained from the Judicial First Class Magistrate-I, Mavelikara.

(e) xxx

(f) xxx.”

The  petitioner  is  a  widow  and  handicapped  with  55% permanent disability to her lower limb. She is holding permanent residence status granted by the Government of USA. Her daughters are in the USA.

Pursuant to the condition in the bail order, she surrendered her passport. This Court granted permission on earlier occasions to the petitioner to go abroad and for that purpose the passport was released. Now, according to the petitioner, she wants to go to USA for the purpose of her treatment for a period of one year. It is alleged that, since the petitioner is having permanent residence status, the Government of USA is taking care of her treatment.

Having heard the learned counsel for the petitioner and the learned Senior Public Prosecutor, I am of the view that the petitioner can be granted permission to go to USA for a period of six months.

In the result, this Crl.M.C. is allowed. The petitioner is allowed to go to USA for a period of six months from the date of her travel on the following conditions:-

(i) The petitioner shall execute a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court below.

(ii) The petitioner shall furnish her address and telephone number at USA at the court below before she leaves the country.

(iii) The court below shall release the passport to the petitioner.

(iv) The petitioner shall return within a period of six months and report before the court below.

(v) The petitioner shall appear before the Investigating Officer as and when directed either personally or through video conferencing.