Bijumon @ Navas v. The State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V.G. Arun
Judgment Date: 2020-08-18
Court Decision / Holding: The Court grants permission to the petitioner to leave India for two months from 24.08.2020, subject to conditions including: (i) filing an affidavit undertaking return within two months; (ii) if Rs.1,00,000 remitted earlier is refunded, it shall be deposited as cash security Rs.1,00,000 to be forfeited if return fails; (iii) passport and Kuwait Civil ID to be returned upon undertaking; (iv) travel to Kuwait and return within two months from departure; (v) petitioner to furnish address, email, mobile, and landline to the Investigating Officer.
Final Disposition: Petition allowed; permission granted to travel to Kuwait for two months with specified conditions; passport and Kuwait Civil ID to be returned on fulfillment; affidavit, security, and contact details to be furnished.

Parties to the Case

Appellants / Petitioners

Bijumon @ Navas

Respondents

The State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Sri P. Sathisan

Counsels for Respondents

• Public Prosecutor, High Court of Kerala

Case Synopsis & Summary

This High Court of Kerala criminal miscellaneous case concerns the third accused, Bijumon @ Navas, who seeks permission to travel abroad despite a passport surrender condition imposed during bail in Crime No. 979/2014 of Adoor Police Station. The accused faces offences under IPC sections 370A, 417, 354, 376 and 506(i) r/w 34, and Section 10 r/w 24(1)(b) of the Emigration Act, 1983. The petitioner initially surrendered his passport to the jurisdictional Magistrate. He later challenged a magistrate’s order refusing deletion of the surrender condition, and this Court had earlier set aside that refusal and allowed travel to Kuwait with stringent conditions. The current petition seeks release of the passport and Civil ID to facilitate his stay abroad, arguing his long residence in Kuwait, his daughter’s education, and his role as sponsor for her civil residency. The Public Prosecutor opposes, contending the petitioner is alleged to have enticed a woman with promises of a job and a sex racket, and that travel could jeopardize the ongoing investigation. The Court, finding substantial bona fides and noting prior compliance, grants two months’ permission to travel from 24.08.2020, subject to detailed conditions, including an undertaking, cash security, return of passport and Civil ID, and contact information for the Investigating Officer.

Provisions of Law Cited

Section 370A, 417, 354, 376, 506(i) r/w 34 IPCSection 10 r/w 24(1)(b) Emigration Act, 1983

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner has complied with the conditions under Annexure-A4, demonstrates bona fides, and there is no justification to deny a travel order. His absence is necessary for his daughter’s residency formalities in Kuwait; previous permission has been granted and he has adhered to it.

Contentions of Respondents

The prosecution opposes the petition, highlighting the serious allegations and the possibility that travel could hinder investigations into a sex racket and other offences; absconding risk remains if the passport is released.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **TUESDAY, THE 18TH DAY OF AUGUST 2020 / 27TH SRAVANA, 1942** ## **Crl.MC.No.2101 OF 2020(C)** **AGAINST THE ORDER IN CRMP 538/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS , ADOOR** **CRIME NO.979/2014 OF Adoor Police Station , Pathanamthitta** ## **PETITIONER/PETITIONER/3RD ACCUSED:** **BIJUMON @ NAVAS AGED 49 YEARS S/O. ABDUL KHADAR, SEEMARAKKARATHUPARAMBU VEEDU, NOCHIMA KOMBRANAD POST, CHUNDI VILLAGE, ALUVA, ERNAKULAM DT. NOW RESIDING AT 19/1788, NALLUKULATHINGAL HOUSE, PALLURUTHI POST, PALLURUTHY VILLAGE, ERNAKULAM DISTRICT.** **BY ADV. SRI.P.SATHISAN** ## **RESPONDENT/RESPONDENT/COMPLAINANT:** **THE STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.** **R1 BY PUBLIC PROSECUTOR** ## **OTHER PRESENT:** **SR.PP C.S.HRITHWIK** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC.No.2101 OF 2020(C)** 2 ## **ORDER** **Dated this the 18th day of August 2020** Petitioner is the 3[rd] accused in Crime No.979/2014 of Adoor Police Station, registered for the offences punishable under Sections 370A, 417, 354, 376, 506(i) r/w 34 of IPC and Section 10 r/w 24(1)(b) of the Emigration Act, 1983. The petitioner was granted bail by this Court as per Annexure-A1 order. One among the conditions in Annexure-A1 is that the petitioner should surrender his passport before the jurisdictional Magistrate Court immediately on his release. Accordingly, he surrendered his passport before the Judicial First Class Magistrate Court, Adoor and later, filed an application before this Court for deleting the **Crl.MC.No.2101 OF 2020(C)** 3 condition regarding surrender of passport. The said application was disposed of making it clear that it is for the jurisdictional Magistrate Court to independently consider the plea for deleting the condition, after taking due note of the submissions and objections of the investigating agency. Accordingly, the petitioner moved the Magistrate Court and by Annexure-A3 order, the application was rejected, finding the apprehension expressed by the investigating officer regarding the possibility of the petitioner going abroad and absconding from the process of law to be well founded. Aggrieved by Annexure-A3 order, the petitioner again approached this Court and by Annexure-A4, this Court set aside Annexure-A3 and granted permission to the petitioner to travel to Kuwait and return to India within one month from the date of his departure. **Crl.MC.No.2101 OF 2020(C)** 4 The permission was granted subject to stringent conditions. 2. This Criminal M.C. is filed, seeking permission to go abroad and for that purpose, to issue a direction to the Magistrate Court to release the Passport and Civil ID of the petitioner. It is submitted that the petitioner has been working in Kuwait for more than 18 years, his daughter is perusing her studies at Kuwait and that, the petitioner being the sponsor of his daughter, his presence before the Foreign Affairs Ministry of the Government of Kuwait is absolutely essential for extending the Civil ID of his daughter. Reference is made to Annexure-A7 in support of the contention that, unless the petitioner presents himself before his employer without further delay, proceedings for his residency will not be processed and his **Crl.MC.No.2101 OF 2020(C)** 5 employment contract will be terminated. 3. The learned Public Prosecutor opposed the prayer pointing out that the petitioner is alleged to have committed the heinous crime of having enticed a lady, promising to provide her with a job abroad and of having sexually exploited her after she reached Kuwait. It is submitted that the petitioner is the member of an international sex racket and investigation into those aspects will be jeopardized if the petitioner absconds after leaving India. 4. The learned Counsel for the petitioner contends that this Court having permitted the petitioner to travel abroad on an earlier occasion and the petitioner having complied with the conditions imposed by this Court, there is no reason for refusing a similar order now. **Crl.MC.No.2101 OF 2020(C)** 6 5. I find substantial force in the said contention urged by the learned Counsel for the petitioner. The petitioner has proved his bona fides by complying with the conditions imposed under Annecure-A4 order. In such circumstances, it will be unjust to deny the permission presently sought by the petitioner. I am therefore, inclined to grant permission to the petitioner to leave India for a period of two months from 24.08.2020, subject to the following conditions; i. The petitioner will file an affidavit before the jurisdictional Magistrate Court concerned undertaking that he would return to India within a period of 2 months from the date of his departure. ii. If the amount of Rs.1,00,000/remitted by the petitioner in **Crl.MC.No.2101 OF 2020(C)** 7 compliance of the direction in Annexure-A4 was refunded, when he reported at the Magistrate Court after returning to India, the petitioner shall remit an amount of Rs.1,00,000/(Rupees one lakh only) towards cash security, which shall be forfeited if the petitioner fails to return to India within the time limit of two months prescribed in this order. iii. Upon the petitioner filing the abovesaid affidavit of undertaking, the jrudisdictional Magistrate Court concerned will return the Passport as well as the Civil ID issued by the Kuwait authorities, to the petitioner. iv. On the petitioner fulfilling the abovesaid conditions, he will be permitted to go to Kuwait, and then return within a period of two months from the date of his departure from **Crl.MC.No.2101 OF 2020(C)** 8 ## India. v. The petitioner will also furnish his address, e-mail ID, mobile number, land line number, etc to the Investigating Officer concerned. SB/18/08/2020 **Sd/V.G.ARUN JUDGE** **Crl.MC.No.2101 OF 2020(C)** 9 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** - **ANNEXURE A1 TRUE COPY OF THE BAIL ORDER OF THE HON'BLE HIGH COURT OF KERALA IN BA 5984/19 DATED 29.08.2019.** - **ANNEXURE A2 TRUE COPY OF THE ORDER IN CRL. M.A.NO.1/2020 IN BA 5984/20 DATED 11.02.2020 OF HON'BLE HIGH COURT OF KERALA.** - **ANNEXURE A3 THE CERTIFIED COPY OF THE ORDER OF THE LEARNED J.F.C.M. COURT, ADOOR IN CRL. M.P.NO.538/20 DATED 05.03.2020.** - **ANNEXURE A4 TRUE COPY OF THE ORDER IN CRL.M.C.NO.6895/2019 IN BA 5984/19 DATED 09.10.2020 OF HON'BLE HIGH COURT OF KERALA.** - **ANNEXURE A5 TRUE COPY OF THE RECEIPT DATED 10.10.2019 FOR THE AMOUNT DEPOSITED IN THE JFCM COURT, ADOOR.** - **ANNEXURE A6 TRUE COPY OF THE CIVIL ID PASSPORT NO.R8106626 OF THE PETITIONER'S DAUGHTER** - **ANNEXURE A6A TRUE COPY OF THE ENGLISH TRANSLATION OF ANNEXURE A6 CIVIL ID** - **ANNEXURE A7 TRUE COPY OF THE LETTER ISSUED BY PETITIONER'S EMPLOYER DATED 22.07.2020** // TRUE COPY // P.A TO JUDGE