Kakkoothil Kunhamed v. Sub Inspector of Police, Hosdurg Police Station, Kasaragod District; Circle Inspector of Police, ISIT, Calicut; State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN** **TUESDAY, THE 1ST DAY OF APRIL 2014/11TH CHAITHRA, 1936** ## **Crl.MC.No. 1950 of 2014** ## **----------------------------------** **AGAINST THE ORDER IN CMP 3668/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDRUG DATED 25-03-2014 CRIME NO. 1401/2011 OF HOSDURG POLICE STATION , KASARGOD** **---------------** ## **PETITIONERS/PETITIONER(S)/ACCUSED:** **----------------------------------------------------------** **KAKKOOTHIL KUNHAMED, AGED 58 YEARS, S/O.ABDUL RAHIMAN, KAKKOTHIL VEEDU, CHITHARI P.O., NOW RESIDING AT ARAFATH MANZIL, PALLIPPUZHA, PALLIKARA, KASARAGOD DISTRICT.** **BY ADVS.SRI.SUNNY MATHEW SRI.C.C.ANOOP SRI.T K BABU** ## **RESPONDENT(S)/RESPONDENTS/COMPLAINANT AND STATE:** **---------------------------------------------------------------------------------------** ## **1. THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGODDISTRICT-673001.** **2. THE CIRCLE INSPECTOR OF POLICE, ISIT, CALICUT-6783001.** **3. STATE OF KERALA** - **RESPONDENTS 1 TO 3 REPRESENTED BY THE PUBLICPROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.** **BY PUBLIC PROSECUTOR SMT.S.HYMA** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-04-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **PJ** ## **Crl.MC.No. 1950 of 2014 ----------------------------------** ## **APPENDIX** ## **PETITIONER(S)' ANNEXURES** ## **-----------------------------------------** **ANNEXURE-A1: TRUE COPY OF THE PASSPORT ISSUED BY THE REPUBLIC OF INDIA TO THE PETITIONER'S WIFE RAMLA.** **ANNEXURE-A2: TRUE COPY OF THE ADHAR CARD ISSUED BY THE GOVERNMENT OF INDIA TO SMT.RAMLA.** **ANNEXURE-A3: TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA TO SMT.RAMLA.** **ANNEXURE-A4: TRUE COPY OF THE PETITION DATED 7.3.2014 SUBMITTED BY THE PETITIONER AND THE ENDORSEMENT MADE BY THE PASSPORT OFFICER THEREON.** **ANNEXURE-A5: TRUE COPY OF THE ORDER DATED 25.3.14 PASSED BY THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-I, HOSDURG IN C.M.P NO.3668/2014** ## **RESPONDENT(S)' ANNEXURES** **--------------------------------------------** **NIL.** **/ TRUE COPY /** ## **P.S. TO JUDGE** **PJ** K.RAMAKRISHNAN, J. ---------------------------------------------------Crl.M.C. No. 1950 of 2014 --------------------------------------------------Dated this the 1[st] April, 2014 **O R D E R** This is an application filed by the petitioner to modify the condition imposed by the court below in Crl.M.P. No. 3668/2014 under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioner is the accused in Crime No. 635/CR/ISIT/2012 which is being investigated by Circle Inspector of Police, ISIT, Kozhikode. The crime was registered against the petitioner alleging offences under Sections 465, 468 and 471 of Indian Penal Code and Section 12(1)(b) of Indian Passport Act on the allegation that petitioner has produced a forged 2 Crl.M.C. No. 1950 of 2014 divorce certificate and forged marriage certificate before the Passport Officer in order to change the name of his wife in his passport having No. H 6815849. Annexure A1 to A3 are the forged documents pertaining to his wife by name Ramla. He has not committed any offence. On 3.10.2013 when he came to India in connection with his daughter's marriage police did not arrest him. When he came to know about the pendency of the case he approached the Passport officer and submitted Annexure -4 petition enquiring whether there are any impediments in the petition undertaking foreign travel by using his passport. By Annexure- 4 Passport officer made an endorsement. There is no such impediment when he attempted to go abroad. When he attempted to go abroad, the Crl.M.C. No. 1950 of 2014 3 authorities arrested the on Airport petitioner 13.3.2014 and he was released on bail on 17.3.2014 with conditions inter alia that the petitioner shall not leave India till the investigation is over. Unless the petitioner re-enters the UAE within six months from the date of exist his employment visa, which is stamped in his passport will be cancelled. He will not get new labour visa in UAE as he has already completed 50 years of age. So the petitioner filed an application for release of the passport for a few days. But that was dismissed by the learned Magistrate as per Annexure A5 order. So he has no other remedy except to approach this Court for lifting the conditions imposed by the court below leaving India till final report is filed. Crl.M.C. No. 1950 of 2014 4 3. The learned counsel for the petitioner submitted that, in fact, he has not made any forgery or submit any false documents and in fact, it was under misconception that a false case has been registered against him and unless he is permitted to go to UAE and in the passport visa is re-entered he will not be able to renew his employment over and it is likely to cause hardship to him. 5. So the condition will have to be modified. On the other hand, learned Public Prosecutor submitted that the investigation is in the primitive stage and so it is not proper to change the condition. 6. It is an admitted fact that on the basis of the raid conducted in the airport certain documents relating to the petitioner's pass port was found out Crl.M.C. No. 1950 of 2014 5 and it was revealed that petitioner had obtained a passport by showing some false documents regarding his wife and the name of his wife was included on the basis of those false documents alleging offences under Sections 465, 468, 471 of the Indian Penal Code and Section 12(1)(b) of the Indian Passport Act. Thereafter the investigation is now transferred to Special Investigating team of Kozhikode where it was numbered as Crime No.635/CR/ISIT/2012 and it is being investigated by the 2[nd] respondent. It is also an admitted fact that when the petitioner was about to go to UAE he was arrested by the police and later he was released on bail with the conditions are inter alia that he shall not leave India till final report is filed. According to the petitioner the Visa is expired and 6 Crl.M.C. No. 1950 of 2014 he will have to get his Visa re-entered within six months of his living in UAE and unless that will be done he will lose his employment. Further he will co-operate with the investigation as well. So considering the fact that he is working in abroad and retaining him for long time without permitting him to go without a rider in the condition will really cause hardship to him. 7. Considering the circumstances, this Court feels that the condition directing the petitioner not to leave India till the final report is filed can be modified as follows: The petitioner shall not leave India till the final report is filed without getting permission from the Judicial First Class Magistrate Court I, Hosdurg. Crl.M.C. No. 1950 of 2014 7 If the petitioner files an application for that purpose and also for going to abroad for a temporary period, the Magistrate can consider that application and pass appropriate orders on the date of filing of the application itself. If the Court permits the petitioner to go abroad for a temporary period then the Court can also consider the question of release of the passport for that purpose of a limited period by imposing necessary conditions if any as thought fit by that Court and also considering the dictum laid down in the decision reported in **Ashok Kumar** v. **State of Kerala** (2009(2) KLT 712) for limited period on such terms and conditions which that court deem fit to impose to ensure the redeposit of the disputed passport and further taking photostat Crl.M.C. No. 1950 of 2014 8 copy of the same to avoid tampering of the same by the petitioner at the time of re-surrendering of the passport. With the above modification and direction this petition is disposed of. Communicate this order to the court below today itself. **K.RAMAKRISHNAN, JUDGE** rka