Kabeer Alias Jabir vs State Of Kerala

K.Haripal

This petition is filed by the 2nd accused in SC No.695/2018 on the file of the Sessions Court, Manjeri, which was taken on file on the final report in crime No.45/1995 of Edavanna police station. The offence alleged is under Section 302 of the IPC. According to the petitioner, he is running a restaurant in Qatar; his family is also abroad. In 2020 he had moved this Court with Crl.M.C.No.4709/2020 for allowing a short visit abroad to see his family and also to spruce up his business there, and obtained Annexure-1 order whereby he went abroad and came back promptly. Even though the case was about to commence trial, due to the pandemic situation trial is being delayed. Due to the pandemic situation his business has come down; he was looking after the business; his wife is not educated and children are too young. In order to spruce up the business his immediate visit abroad is necessary. He also wants to renew his visa. However, another case, crime No.219/2019, happened to be registered against him under Sections 465, 468, 471 and 417 of the IPC. He had changed his name by effecting Gazette notification. Therefore, allegations in that crime are false. In the pandemic situation it is unlikely that the trial in the case will not be commenced. Even if it is commenced, he will be able to reach back home after visiting his family and attending the business. Therefore, he seeks release of his passport for the purpose of going abroad for a short visit.

I heard the learned counsel for the petitioner as well as the learned Senior Public Prosecutor.

The  learned  Public  Prosecutor  has  strongly  opposed  the application.

It is evident that SC No.695/2018 is in respect of a crime that was allegedly committed in the year 1995. From the words of the learned Senior Public Prosecutor, it is evident that after the incident the petitioner had gone absconding and ultimately he was arrested after 23 years, following arduous procedures. The trial of the case has been delayed due to the volition of the petitioner and other accused.

Now, highlighting Annexure-1 order the learned counsel has pointed out that he had gone abroad and came back as agreed; he is also prepared to abide any condition imposed by this Court for making a short visit to his family abroad. But by Annexure-2 order dated 17.03.2021 the second application for grant of visit abroad was dismissed by this Court. The Court had taken note of the registration of another crime, crime No.219/2019 of Edavanna police station, on the allegation of forging documents. Even though it is submitted by the petitioner that the allegations are false, at least at this stage we cannot form an opinion about the correctness of the contentions.

It is a case of the year 1995. It is pointed out that a Special Public Prosecutor has already been appointed. The learned Public Prosecutor also pointed out that it is a sensational case and further delay in the disposal of the case cannot be caused. In other words, the trial of the case will commence soon; as noticed he is an accused in crime No.219/2019 also. On these considerations, this Court declined an earlier petition under Annexure-2 order passed on 17.03.2021. There is no reason to take a different stand now. It is not expedient in the interest of justice to permit the petitioner to go abroad. The Crl.M.C. is only to be dismissed. Dismissed.