High CourtsSingle Bench(2023) 04 KL CK 0139

S. Sarath vs CBI, ACB Cochin Represented By The Standing Counsel CBI, High Court Of Kerala, Ernakulam., Pin 682031

High Court Of Kerala · Decided on 18 April 2023

HON’BLE JUDGES
Dr. Kauser Edappagath, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition Nos. 3212, 3230 Of 2023

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Judgment

8 paragraphs · 321 words

Dr. Kauser Edappagath, J

1.

These petitions are filed seeking permission to go abroad. The petitioner is the 1st accused in C.C. No. 3/2019 and 2nd accused in C.C. No. 4/2018 on the files of Special Judge (SPE/CBI), Thiruvananthapuram. The offences alleged against the petitioner in C.C. No. 3/2019 are u/s 120B of the IPC and under Sections 7, 13(2) r/w 13(1)(d) and 12 of the Prevention of Corruption Act, 1988. The offences alleged in C.C. No. 4/2018 are registered u/s 120B of the IPC and under Sections 7, 13(2) r/w 13(1)(d) and 12 of the Prevention of Corruption Act, 1988. The petitioner is on bail in both the cases. The petitioner intends to visit his daughter at Dubai from 20.04.2023, who is studying in Dubai.

2.

I have heard Sri. Thomas Abraham, the learned counsel appearing for the petitioner and Sri. Sreelal N. Warrier, the learned Special Public Prosecutor, CBI.

3.

On an earlier occasion, the learned Special Judge (SPE/CBI) has granted permission to the petitioner to travel to Dubai on conditions, and the petitioner strictly complied with the conditions.

4.

The learned counsel for the petitioner submits that the petitioner has a valid visa and ticket and is prepared to travel on 19.04.2023 and will come back on 10.05.2023. The learned Special Public Prosecutor for CBI had vehemently opposed the submission. However, considering the fact that permission has been sought only for a limited period to visit his daughter, I am of the view that the permission sought for can be granted strictly on conditions.

(i) The petitioner is permitted to travel to Dubai from 19.04.2023 to 10.05.2023 and shall return on or before 10.05.2023.

(ii) The petitioner shall furnish the travel details, the address and phone number in Dubai in the form of an affidavit at the court below before leaving the country.

(iii) The petitioner shall execute a self bond for Rs. 1,00,000/- (Rupees One Lakh Only).