IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 CRL.MC.NO. 255 OF 2011() -------------------------------------- CRMP.62/2011 OF SESSIONS COURT, MANJERI .................... PETITIONER(S): 2ND ACCUSED ------------------------------------------- SUBAIR, S/O.IBRAHIM, CHELAKKODE HOUSE, PAZHAYA CHANDA, ATHIPPATTA EDAYOOR POST, VALANCHERY, TIRUR TALUK, MALAPPURAM. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): RESPONDENT --------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI V. MANI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.255 of 2011 ==================================== Dated this the 08th day of February, 2011 O R D E R Petitioner is the second accused in Crime No.117 of 2010 of Valanchery police station for offence punishable under Section 377 read with 34 of the Indian Penal Code. Petitioner was granted bail subject to conditions including that he shall surrender his passport in the trial court. Accordingly petitioner surrendered his passport in the court of learned Judicial First Class Magistrate. It is stated that petitioner got employment abroad, his Visa is about to expire and he wanted to go abroad. For the said purpose petitioner filed Crl.M.P. No.62 of 2011 for return of passport. Learned Sessions Judge considering the objection raised by the Investigating Officer has dismissed that application vide Annexure- 3, order. That order is under challenge. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned Public Prosecutor submitted that final report has already been filed in the court of learned Judicial First Class Magistrate, Tirur. 2. Since final report has already been filed it may be possible for the learned Magistrate to commence trial of the case CRL.M.C. No. 255 of 2011 -: 2 :- without delay. If petitioner is not permitted to go abroad, he may lose his job. At the same time, presence of petitioner in the court of trial has to be ensured. Hence I am inclined to permit petitioner to go abroad for a period of three months subject to conditions. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-3, order is set aside and Crl. M.P. No.62 of 2011 is allowed in the following lines: i. Petitioner is permitted to go abroad for a period of three months from the date of release of passport to him or till his presence is required for investigation or trial of the case, whichever is earlier. ii. The direction that petitioner shall report to the Investigating Officer will stand in abeyance during the said period. iii. Passport surrendered by the petitioner shall be released to him subject to the following conditions: CRL.M.C. No. 255 of 2011 -: 3 :- (a) Petitioner shall execute a bond for `.3,00,000/- (Rupees Three lakhs only) with two sureties for the like sum each undertaking to appear before the trial court or the Investigating Officer as the case may be as and when required and at any rate, on the expiry of the said period of three months. (b) Petitioner shall file affidavit in the trial court stating the name, address and contact telephone number of his counsel in the trial court. A copy of the affidavit shall be given to the officer investigating the case. The address and contact telephone number of petitioner abroad shall be intimated to the Investigating Officer within two weeks from the date of his leaving the country. (c) Petitioner shall as and when he is informed either directly or through counsel, appear before the trial court failing which it will be open to the trial court to cancel the bond and initiate necessary action. CRL.M.C. No. 255 of 2011 -: 4 :- (d) It is made clear that the bond executed as aforesaid is in addition to the bail bond already executed by petitioner. THOMAS P. JOSEPH, JUDGE. vsv