Ismail.M.P v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 Crl.MC.No. 5397 of 2015 () --------------------------- Crl.M.P. 1061/2015 of SESSIONS COURT, KOTTAYAM CRIME NO. 53/2003 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM PETITIONER/ACCUSED NO.1:

------------------------ ISMAIL M.P., AGED 42 YEARS, S/O.PARKERDEEN, MALAPARAMBIL HOUSE, EDAVETTI P.O., IDUKKI DISTRICT.

BY ADVS.SRI.BECHU KURIAN THOMAS SRI.S.SREEDEV RESPONDENT:

----------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 5397 of 2015 () APPENDIX PETITIONER'S ANNEXURES :

A1 COPY OF THE ORDER DATED 02.05.2015 IN CRL.M.P.NO.638/2015 ON THE FILES OF THE SESSIONS COURT, KOTTAYAM. A2 COPY OF THE PETITION FILED AS CRL.M.P.1061/2015 BEFORE THE SESSIONS COURT, KOTTAYAM.

A3 COPY OF THE ORDER DATED 16.07.2015 IN CRL.M.P.NO.1061/2015 ON THE FILES OF THE SESSIONS COURT, KOTTAYAM.

RESPONDENT'S ANNEXURES :

NIL // True Copy // P.A. To Judge

B.KEMAL PASHA, J.

=================== CRL.M.C. No.5397 of 2015 ==================== Dated this the 1st day of September, 2015

O R D E R

The present request of the petitioner is to permit him to go to Malaysia for one month in connection with his business. The petitioner is the 1st accused in Crime No.53 of 2003 of the Kottayam West Police Station, registered for the offences under Sections 466, 471, 468, 489B and 120B IPC.

2. It has been reported by the learned Public Prosecutor that the petitioner had approached the court below with the very same request and the said request was turned down. Thereafter, secretly he attempted to leave the country and reported at the Airport Nedumbassery, from where he was caught red-handed. It is also pointed out that the petitioner

CRL.M.C. No.5397 of 2015 was absconding for more than 12 years and he could be arrested only recently. Considering all the above, the present request of the petitioner cannot be granted.

In the result, this Crl.M.C. is dismissed.

Sd/- B. KEMAL PASHA JUDGE