Shalu Menon @ Shalu Venugopal v. State of Kerala and Assistant Commissioner of Police, DCRB, Thiruvananthapuram

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN** **TUESDAY, THE 15TH DAY OF JULY 2014/24TH ASHADHA, 1936** ## **Crl.MC.No. 3861 of 2014** **--------------------------CMP.NO.637/2014 IN CC NO.2273/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT III, THIRUVANANTHAPURAM** **........** **CRIME NO.951/2013 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM** **.......** ## **PETITIONER/ACCUSED:** **------------------------------------** **SHALU MENON @ SHALU VENUGOPAL, AGED 29 YEARS, D/O.KALA DEVI, THRIPPUNITHURA BHAVAN, PERUNNA, CHANGANASSERY.** **BY SRI.P.VIJAYA BHANU,SENIOR ADVOCATE ADV.SRI.THOMAS J.ANAKKALLUNKAL** ## **RESPONDENTS/COMPLAINANT:** **-----------------------------------------------** **1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.** **2. THE ASSISTANT COMMISSIONER OF POLICE, DCRB, THIRUVANANTHAPURAM - 695 001.** **BY DIRECTOR GENERAL OF PROSECUTION SRI.ASIF ALI** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Kss** ## **Crl.M.C.No.3861/2014** ## **APPENDIX** ## **PETITIONER'S ANNEXURES:** **ANNEX.1: COPY OF THE ORDER DATED 23/08/2013 PASSED BY THIS HON'BLE COURT IN BA NO.5635/2013.** **ANNEX.2: COPY OF THE INVITATION FROM AMBIENT EVENT, DUBAI TO THE PETITIONER.** **ANNEX.3: COPY OF THE NOTICE PUBLISHED BY THE ORGANIZER AT DUBAI IN RESPECT OF SURUMA EID NIGHT 2014.** **ANNEX.4: COPY OF THE PETITION CMP NO.637/2014 IN CC NO.2273/2013 SUBMITTED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT III, THIRUVANANTHAPURAM.** **ANNEX.5: COPY OF THE ORDER DATED 21/02/2014 IN CMP NO.637/2014 IN CC NO.2273/2013 BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT III, THIRUVANANTHAPURAM.** ## **RESPONDENT'S ANNEXURES:** ## **N I L** **/TRUE COPY/** **P.A.TO JUDGE** **Kss** ## K. RAMAKRISHNAN, J. -----------------------------------------------------------------Crl. M.C. No.3861 of 2014 --------------------------------------------------------------------Dated this the 15[th] day of July, 2014 ## O R D E R This criminal miscellaneous case is filed by the petitioner, who is the 2[nd] accused in C.C.2273/2013 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram, challenging the order in Crl.M.P.637/2014, under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code'). 2. It is alleged in the petition that, the petitioner has been arrayed as 2[nd] accused in Crime No.951/2013 of Thampanoor police station of Thiruvananthapuram District, along with the first accused, alleging offences under Section 406, 419, 420 and 471 read with Section 34 of the Indian Penal Code. The investigation in the case is over and final report has been filed and it is now pending as C.C.2273/2013 before that court. As per Annexure-I order, the petitioner was granted bail by this Crl.M.C..3861/ 2014 2 court, on certain conditions, one of which being to surrender her passport before the Judicial First Class Magistrate Court-III, Thiruvananthapuram. The petitioner has complied with the conditions imposed and final report has already been filed. The passport need not be detained in court any more. Further, the petitioner has got an offer for a programme at Dubai and in order to attend the programme, the passport is necessary. Further, she being an artist, she will have to go abroad in connection with this, unless the passport is returned to the petitioner, she may not be able to go. So she filed Crl.M.P.637/2014 before the Judicial First Class Magistrate Court-III, Thiruvananthapuram, as Annexure-4 and the learned magistrate by Annexure-5 order dismissed the application, which is being challenged by the petitioner by filing this petition. 3. Heard the learned counsel for the petitioner and learned Director General of Prosecution, Shri. Asif Ali. Crl.M.C..3861/ 2014 3 4. The counsel for the petitioner submitted that, even as per Annexire-1 order, her movement was restricted, only during the period of investigation and the prosecution has no case that, she had not complied with the conditions during the course of investigation or she was not co-operating with the investigation. Now the investigation has been completed and final report has been filed and it is pending before the Judicial First Class Magistrate Court-III, Thiruvananthapuram. Further being an artist, she will have to attend a programme at Dubai and unless the passport is returned, she may not be able to go and participate in the programme. The counsel also submitted that, he will be satisfied, even if the time is restricted for her going and coming back and after the programme she will be able to produce the passport if so required by this court and she will co-operate with the trial of the case as well, as she wanted an early disposal of the case, for proving her innocence. Crl.M.C..3861/ 2014 4 5. On the other hand, Shri. Asif Ali, Director General of Prosecution, vehemently opposed the application, on the ground that, the passport has been directed to be surrendered, in order to ensure her presence during trial. Further if she is allowed to go abroad, the instruction was that, she will not return and her presence could not be procured for the purpose of trial. 6. I have considered the contentions of both parties. 7. It is an admitted fact that, the present petitioner was arrayed as 2[nd] accused in Crime No.951/2013 of Thampanoor police station, on the basis of a complaint given by the defacto-complainant, alleging that, she along with the first accused had committed the offences punishable under Section 406, 419, 420, 471 and Section 34 of the Indian Penal Code. It is also an admitted fact that, she was arrested in connection with the above crime and she was remanded to custody for some time and thereafter, Crl.M.C..3861/ 2014 5 as per Annexure-1 order, bail was granted to the petitioner with following conditions: i. Petitioner shall execute a bond for ₹1,00,000/- with two solvent sureties, for the like sum, by each of them, to the satisfaction of the Judicial First Class Magistrate Court-III, Thiruvananthapuram ii. Petitioner shall report before the investigating officer once in a week, on every Monday, at a time between 10.00 a.m and 11.00 a.m, for a period of eight weeks or till the completion of investigation of crime, whichever is earlier. iii. Petitioner shall surrender her passport before the magistrate, within one week from the date of her release, and, if not in possession of passport, then to file an affidavit stating so within the above period. iv. Petitioner shall not leave the State for a period of six months or till completion of investigation of crime, whichever is earlier, without getting prior permission from the investigating officer in writing. v. Petitioner shall not intimidate, influence, or threaten any person acquainted with the facts of the case so as to dissuade him from disclosing such facts before the police or the court, as the case may be, and nor shall she do any act or make any attempt to obliterate the evidence of the crime. 8. As per the conditions in the bail order, she had surrendered the passport before the Judicial First Class Magistrate Court-III, Thiruvananthapuram. It is also an admitted fact that, the investigation in this case has been completed and final report has been filed and it was taken on file and pending as C.C.2273/2013 on the file of the Crl.M.C..3861/ 2014 6 Judicial First Class Magistrate Court-III, Thiruvananthapuram. The learned Magistrate has dismissed the application, not on the ground that, she is not entitled to get the passport, but on the ground that, the passport was surrendered, as directed by this court and without the orders of this court, the same cannot be returned. 9. Even as per the Annexure-1 order, there is no restriction for movement of the petitioner, after the final report is filed. What is stated in the condition is that, she will have to comply with certain conditions, during the course of investigation, till the final report is filed. Surrender of passport was insisted for the purpose of procuring her presence during the course of investigation, as the investigating agency has at that time apprehended that, she will not be available for and she will flee away from India. Now the investigation is over. Further it is not known, as to how much time it will take for the court to dispose of the case as well, because it is of the year 2013, Crl.M.C..3861/ 2014 7 and considering the fact that, Courts in Thiruvananthauram District are over burdened with heavy pendency, there is no possibility for this case to be taken up in the near future as well. Further being an artist, her profession should not be curtailed on account of the pendency of a case and future prospects also should not be affected on account of this case. The only prayer in the petition was that, she wants to attend a programme in Dubai, conducted by Ambient Event, Dubai, and she assured in the petition itself that, after the function, she will come back and co-operate with the trial and she want the passport only for a temporary period. So considering the circumstances, this court feels that, permission can be granted to the petitioner for a short period to go abroad in connection with the programme mentioned in Annexure-A2 and after attending the function, to come back and surrender the passport. So the order of the lower court dismissing the application is set aside and the petition is allowed as follows. Crl.M.C..3861/ 2014 8 The lower court is directed to release the passport to the petitioner on following conditions: i. The petitioner shall execute a bond for ₹ 50,000/- with two solvent sureties for the like sum each, to the satisfaction of the Judicial First Class Magistrate Court-III, Thriuvananthapuram. ii. The petitioner shall deposit 25,000/-,₹ as cash security for that purpose, over and above the execution of the bond. iii. The petitioner shall be permitted to go abroad for a period of six months and after six months, she will have to return the passport to the court below and thereafter she can go abroad only with the permission of that court as and when required, till the disposal of the case. iv. The permission is granted to go abroad as contemplated under Section 6(2)(f) of the Passport Act, to enable the petitioner to go abroad and come back in connection with her profession. v. The petitioner shall file an undertaking in the form of an affidavit that, she will strictly comply with the conditions imposed by this court Crl.M.C..3861/ 2014 9 and surrender the passport, after the period of six months, from the date of release, before the Judicial First Class Magistrate Court-III, Thiruvananthapuram, as directed by this court. With the above direction and observation, the petition is disposed of. Office is directed to communicate this order to the concerned court, immediately and also hand over a copy of the order to the counsel for the petitioner, so as to enable him to produce him before the court below. Sd/- ## **K. RAMAKRISHNAN, JUDGE** // True Copy // P.A. to Judge ss