Facts of the Case
Santhosh Eapen, accused No.7 in SC No.1/2023 before the Additional Special Sessions Court (SPE/CBI Cases)-III, Ernakulam — a case arising from an Enforcement Directorate ECIR relating to money laundering — sought to set aside an order dated 08.06.2023 restricting his travel and to permit him to travel outside Kerala for two days (28-29.06.2023).
The GST registration certificate of a company annexed to the petition was placed on record only to show the office address of that company in Tamil Nadu — it had no bearing on the travel-permission dispute or any GST question.
When the matter was earlier heard on 27.06.2023, the Court had directed the petitioner to leave the State of Kerala for 24 hours on 30.06.2023. By the time the matter was next taken up, the petitioner had complied with this direction, and the Court closed the petition as nothing further survived.
Issues Involved
- Whether the petitioner, an accused in a PMLA-linked case, should be permitted to travel outside Kerala, and whether any further relief remained once he had complied with the Court's earlier direction.
Petitioner's Arguments
- The petitioner sought to set aside the restrictive order and to be permitted to travel outside Kerala for two days.
Respondent's Arguments
- The specific opposing submissions of the State/Enforcement Directorate are not elaborated in this brief order beyond the earlier direction restricting travel.
Court Order / Findings
- The Court noted that the petitioner had complied, in letter and spirit, with its earlier direction to leave the State of Kerala for 24 hours on 30.06.2023.
- Since the petitioner had complied, nothing further survived in the petition, which was accordingly closed.
Important Clarification
This order arises from a PMLA (money-laundering) case and concerns only travel-permission compliance for an accused person — it does not decide any GST-law question; the annexed GST certificate merely identifies a company's registered address.
Sections Involved
- Prevention of Money Laundering Act, 2002 — proceedings before the Special Court (SPE/CBI Cases)
- Code of Criminal Procedure, 1973 — miscellaneous jurisdiction of the High Court over bail/travel conditions
Decision – In Favour of
Closed without a substantive decision — the petition was closed as infructuous upon the petitioner's compliance with the Court's earlier travel direction.
Case Details
- Court: High Court of Kerala at Ernakulam
- Case No.: CRL.MC No.5007 of 2023 (against SC No.1/2023, Additional Special Sessions Court, SPE/CBI Cases-III, Ernakulam)
- Coram: Hon'ble Mr. Justice Raja Vijayaraghavan V
- Date of Order: 03.07.2023
Link to Download the Order
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