IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Crl.MC.No. 3844 of 2008() ------------------------- CRIME NO.627/2008 OF CHERTHALA POLICE STATION PETITIONER(S): IST ACCUSED -------------------------- TUBIN BABY, S/O.K.J. JOHN, AGED 27, KANCHIRATHUMOOTTIL, PALAMBARA.P.O, PODIMATTOM, KANJIRAPPALLY, KOTTAYAM DISTRICT. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, CHERTHALA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3844 of 2008 ---------------------------------------- Dated this the 21st day of October 2008 O R D E R The petitioner who faces allegations in a crime registered alleging offences punishable under Sections 493 and 420 read with 34 I.P.C; who has been released on bail subject to conditions as per Annexure A3 order passed by the Additional Sessions Judge, Alappuzha in Crl.M.P.No.7860/2008 dated 07/10/2008 subject to conditions; who is employed abroad and who, to secure his continuance in employment is obliged to report back to his place of employment, now prays that the conditions imposed on him to surrender his passport and to report before the investigating officer (conditions 2 and 4) may now be deleted to facilitate his return to his place of employment. He submits that any appropriate further conditions may be imposed and he shall ensure that he is available before court if so directed within a period of sixty days of such direction. He submits that notices to be served on him can be served on his counsel and that can be reckoned as sufficient notice to him. Crl.M.C.No.3844/08 2 2. Notice given. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only prays that appropriate conditions may be imposed to ensure that the petitioner shall be available when necessary. 3. In the result, a) This Crl.M.C is allowed. b) Conditions 2 and 4 imposed on the petitioner as per Annexure A3 order are deleted subject to the further condition that the petitioner must make a cash deposit of Rs.25,000/- (Rupees twenty five thousand only) before the court below and execute a bond undertaking to appear before the court if a direction to that effect is served on his counsel within a period of sixty days from the date of such direction. If the above conditions are satisfied, the passport surrendered by him shall be released to the petitioner. 4. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3844/08 3 Crl.M.C.No.3844/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008