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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
MUSTHAKEEM – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1161 OF 2026
| Table of Content |
|---|
| 1. background of accusations and bail request. (Para 2) |
| 2. court's consideration of legal representations. (Para 3 , 4) |
| 3. court's directive for procedural compliance. (Para 5) |
| 4. order disposition and instructions for trial court. (Para 6) |
ORDER
The petitioner is the fifth accused in Crime No. 188/2018 registered by the Crime Branch, Malappuram.
2. By Annexure A1(a) order, the petitioner was enlarged on statutory bail by the Special Court for SC/ST (POA) Act & NDPS Act Cases, Manjeri (‘Trial Court’, for brevity), subject to conditions. As per condition No. (4), the petitioner was directed to surrender his passport within three days from the date of his release. In compliance with the said direction, the petitioner surrendered his passport before the Trial Court. Although the passport was surrendered in September 2022, the investigation in the case has not been completed, and the final report has not been filed. The petitioner proposes to travel abroad for the purpose of employment. Therefore, Condition No. (4) in the bail order may be deleted. Hence, the petition.
3. Heard; the learned counsel for the petitioner and the learned Public Prosecutor.
4. Indisputably, Annexure A1(a) order is passed by the Trial Court directing the petitioner to surrender his passport within three days of the date of his release. The petitioner has not moved the Trial Court for modification/deletion of the said condition. Instead, the petitioner has directly approached this Court on the assertion that he has subsequently approached this Court for modification of other conditions in the bail order.
5. Taking into consideration the fact that the petitioner has not sought for modification/deletion of Condition No. (4) in Annexure A1(a) order, I am of the view that the petitioner has to move the Trial Court seeking for modification of Condition No. (4) in the bail order instead of rushing into this Court.
6. In the aforesaid circumstances, I dispose of the Crl.M.C. by permitting the petitioner to move the Trial Court seeking modification/deletion of Condition No.(4). If such an application is filed, the Trial Court is directed to consider and dispose the same, in accordance with the law. Sd/-
C.S.DIAS, JUDGE
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