IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 Crl.MC.No. 747 of 2011() ------------------------ CRMP.370/2011 of SESSIONS COURT, KOZHIKOE .................... PETITIONER/ACCUSED NO.35: --------------- MAJEED P.K, AGED 28 YEARS S/O.AMMAD, PARAYAKUNI HOUSE, P.O.PAYYOLI ANGADI, THURAYOOR AMSOM DESOM QUILANDY TALUK. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT/COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR: ADV SRI K J MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.747 of 2011 --------------------------------------- Dated this 16th day of March, 2011 ORDER Petitioner is the 35th accused in Crime No.587 of 2010 of Payyoli Police Station for offences punishable under Secs.143, 147, 148, 341, 452, 324 and 427 r/w Sec.149 of the Indian Penal Code. By Annexure-1, order learned Sessions Judge, Kozhikode granted anticipatory bail to the petitioner but subject to condition including that petitioner shall surrender his passport in the trial court. Accordingly petitioner surrendered his passport. Petitioner is employed abroad and hence wanted to get back his passport. He filed a petition before the trial court for release of the passport which was dismissed. Though that order was challenged in this Court in Crl.M.C.No.211 of 2011, this Court did not interfere with the order and directed petitioner to move appropriate application before the learned Sessions Judge (See Annexure-II, order). Accordingly petitioner filed C.M.P.No.370 of 2011 for release of the passport. That application was dismissed by Annexure-III, order. Learned counsel submits that petitioner is prepared to appear in the trial court as and when directed and that unless he goes abroad and rejoins duty, he will loose his job. Crl.M.C.No.747 of 2011 -: 2 :- I have heard learned Public Prosecutor also. Learned Public Prosecutor submitted that investigation of the case is not complete. 2. It appears that it would take some time for the investigation to be completed and final report to be filed. In such a situation, there is no reason why petitioner should be detained at this stage. Having regard to the circumstances stated by learned counsel I am inclined to allow this petition but subject to condition so that presence of petitioner in the course of investigation/trial and as and when directed by the investigating officer or by the learned Magistrate is ensured. Resultantly this criminal miscellaneous case is allowed. Annexure-III, order to the extent it concerned the C.M.P.No.370 of 2011 rejecting the claim of petitioner is set aside and that application to the extent it concerned petitioner is allowed. Learned Judicial First Class Magistrate, Payyoli is directed to release the passport to the petitioner subject to the following conditions: (i) Petitioner shall execute a bond for Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand Only) with two solvent sureties for the like sum each (apart from the bond already Crl.M.C.No.747 of 2011 -: 3 :- executed) undertaking to appear before the investigating officer/Court in the course of investigation or trial and as and when directed by the investigating officer/Court. (ii) Petitioner shall file an affidavit in the trial court mentioning the name, address and contact telephone number of the counsel who would appear for him in the trial court in his absence. (iii) Petitioner shall within two weeks from his reaching the destination inform his address abroad and contact telephone number to the investigating officer and his counsel. Learned Judicial First Class Magistrate, shall release the passport to the petitioner on petitioner complying with conditions (i) and (ii). (THOMAS P JOSEPH, JUDGE) Sbna/-