IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2665 of 2008()
1. K.K. FRANCIS, S/O KOCHUPAILO,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :08/08/2008
O R D E R
V. RAMKUMAR, J.
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Crl.R.P.No.2665 of 2008
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Dated this the 8th day of August, 2008
ORDER
The revision petitioner, who is the 10th accused in Crime
No.666 of 2006 of Chalakkudy Police Station registered for
offences punishable under Sections 406,409,420,465,471 and
477A read with 120(b) and 34 IPC, challenges Annexure C order
dated 29.7.08 passed by the Sessions Judge, Thrissur dismissing
the petitioner’s application for permission to go to USA for a
short period to see his son and daughter and also for undergoing
treatment in connection with certain ailments which he is said to
suffer from.
2. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
3. The case is still at the stage of investigation. The
apprehension of the prosecution that the petitioner may flee
from justice and may not, therefore, be available for trial is a
misplaced apprehension and can be taken care of by imposing
appropriate conditions. Accordingly, the impugned order is set
Crl.R.P.No.2665 of 2008
2
aside and the permission sought for is granted to the petitioner
on the following conditions:-
1. The petitioner shall undertake the travel within two
weeks of receipt of a visa enabling him to go to USA.
2. The permission to go abroad shall be for a period of 4
months of the date of commencement of the journey.
3. He shall return to India on or before the expiry of the
said four months.
4. The petitioner shall make a cash deposit of Rs.50,000/-
(Rupees fifty thousand only) before the J.F.C.M, Chalakudy
undertaking to comply with the aforesaid conditions and also
undertaking to forfeit the said amount in case of default.
5. A copy of this order shall be forwarded to the Indian
Embassy in America for information and appropriate action in
case the petitioner does not comply with the conditions in this
order.
Dated this the 8th day of August, 2008.
V. RAMKUMAR, JUDGE
sj