IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 Crl.MC.No. 3978 of 2010() ------------------------------------- (CP.NO.49/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANNUR) ........ PETITIONER(S): ACCUSED NO.2: ----------------------------------------------------- V.M.SALEEM, S/O.POKKU, VAYOTH MANIKOTH, MARUVAMBAI, NEERVELI P.O., KANNUR DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, IRITTY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. REKHA C. NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3978 OF 2010 --------------------------------------------- Dated 15th October, 2010 O R D E R By Annexure-A2 order, Judicial First Class Magistrate, Mattannur dismissed the petition filed by the petitioner for return of his passport produced in C.P.49/2010 registered for the offences under Sections 143, 147, 148, a53(A) read with Section 149 of Indian Penal Code and 27(1) of Arms Act, for the reason that if the petitioner is permitted to go abroad, he is likely to abscond and therefore, passport cannot be returned. Petition is filed under Section 482 of Code of Criminal Procedure contending that as seen from Annexure-A1 copy of the visa, petitioner had to re-enter Saudi Arabia within a Crmc 3978/10 2 period of six months from the date of departure and unless he complies with the directions visa will be cancelled and in such circumstances, petitioner is to be permitted to re-enter Saudi Arabia and for that purpose passport is to be released. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that case is at the committal stage and if the petitioner is to wait till the disposal of the case after committal, he will loose the visa for ever and in such circumstances, permission is to be granted to go abroad and also a direction to release the passport. Learned counsel submitted that petitioner would undertake to return immediately after entry Crmc 3978/10 3 into Saudi Arabia, if necessary, and in such circumstances, passport may be released. 4. Learned Public Prosecutor has no case that the petitioner is involved in any other case. In such circumstances, I do not find that petitioner is to be detained in India and thereby prevent the petitioner from working abroad. On sufficient conditions passport could be released to the petitioner on getting assurance that he would be available for trial. Petition is allowed. Judicial First Class Magistrate, Mattannur is directed to release the passport to the petitioner on the following conditions. 1) Petitioner shall execute a bond for Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties for the like sum to the satisfaction of Judicial First Class Crmc 3978/10 4 Magistrate, Mattannur and at least one of the sureties shall be a close relative of the petitioner. 2) Petitioner shall undertake that he will appear before the Court as and when required. 3) Petitioner shall furnish his address in the foreign country to the investigating officer and shall also furnish address of the counsel to whom notice is to be served, in case, presence of the petitioner is necessary. On compliance with the conditions petitioner is permitted to go abroad. M.SASIDHARAN NAMBIAR, JUDGE. uj.