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Haris Ahmed Bolar vs Central Bureau Of Investigation

High Court Of Kerala · Decided on 25 August 2023 · Citation: (2023) 08 KL CK 0237

HON’BLE JUDGES
Dr. Kauser Edappagath, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 6977 Of 2023
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Judgment

10 paragraphs · 346 words

Dr. Kauser Edappagath, J

1.

The condition Nos. 1 and 5 in the order dated 17/8/2023 passed by the Additional Special Sessions Judge (SPE/CBI)-III, Ernakulam (for short, 'the court below') in Crl.M.P.No.764/2023 in C.C.No.1/2023 is under challenge in this Crl.M.C.

2.

The petitioner is the accused in CC No.1/2023 on the files of the court below. The petitioner was granted bail by the court below as per Annexure A2 order. The petitioner surrendered his passport in compliance of the condition in the bail order. There is a further condition in Annexure A2 that the petitioner shall not leave the country without the prior permission of the court below. Thereafter, the petitioner filed Crl.M.P.Nos.764/2023 and 778/2023 at the court below to release his passport and seeking permission to go abroad. The said petitions were allowed as per Annexure 1 order with conditions. Condition Nos.1 and 5 are as follows:

“1. Petitioner shall execute a bond for `50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum.”

“5. Petitioner is directed to appear in person and produce his original passport on 10/9/2023.”

3.

Heard both sides.

4.

I find no reason to delete the condition No.1. It only says that the petitioner shall execute a bond for `50,000/- with two solvent sureties each for the like sum. However, as per condition No.5, the petitioner is directed to appear in person and produce his passport on 10/9/2023. The learned counsel for the petitioner submitted that the petitioner wants to stay at Dubai at least for a period of six months.

5.

There is no possibility of taking up the case for trial in the near future. The case is of the year 2023. In these circumstances, I am of the view that the petitioner can be permitted to travel abroad and stay at Dubai for a period of six months. He shall furnish his travel details, address and telephone number at Dubai at the court below before leaving the country.

The condition No.5 in the impugned order is modified accordingly.

Crl.M.C. is disposed of as above.