Sreejith G.Nair vs State Of Kerala

Dr. Kauser Edappagath, J

Annexure 2 order passed by the Enquiry Commissioner and Special Judge, Thrissur (for short 'the court below') is under challenge.

The petitioner was released on bail by the court below on condition, among other things, that the petitioner shall not leave the jurisdiction of the court below without permission.

Thereafter, the petitioner moved an application to relax the condition on the ground that the petitioner wants to go outside the State for the educational purpose of his daughter and also medical requirement of his son. The court below disposed of the said application modifying condition No.5 that the petitioner shall appear on every Monday at 10.30 am before the VACB, Alappuzha. The said order is under challenge in this Crl.M.C.

I have heard both sides.

By modifying the condition No.5, the court below imposed a new condition, which of course is not permissible. The learned counsel for the petitioner submits that the petitioner's daughter secured high rank in NEET examination and if she gets admission in the college outside the State, the petitioner will have to travel along with his daughter. The counsel further submitted that his son is suffering from heart ailments and a surgery has been fixed at Sree Chitra Tirunal Institute For Medical Sciences and Technology, Thiruvananthapuram. For that purpose also, he wants to travel to Thiruvananthapuram.

In these circumstances, this Crl.M.C is disposed of as follows:

(i) The petitioner is permitted to travel outside the jurisdiction of the court below for the educational purpose of his daughter as well as the medical requirement of his son as stated above.

(ii) Whenever the petitioner leaves the jurisdiction of the court below for the above purpose, he shall file an affidavit to that effect before the court below.

(iii) It is made clear that the petitioner shall not travel outside the jurisdiction of the court below otherwise than the purpose mentioned above.