IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Crl.MC.No. 1979 of 2008() ------------------------- Cr.NO.366/2007 OF VADANAPPILY POLICE STATION PETITIONER: ACCUSED ------------------- SHAJAHAN, AGED 32 YRS., S/O.ABOOBACKER, PUTHIYA VEETTIL HOUSE, NADUVILAKKARA DESOM, VATANAPPILLY VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.RAJIT RESPONDENTS: STATE ------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C No.1979 of 2008 ------------------------------------- Dated this the 27th day of May, 2008 ORDER Petitioner faces allegations in a crime registered under Sections 498 A and 306 r/w 34 I.P.C. His mother is the accused. The petitioner's wife committed suicide when he was abroad. The petitioner was arrested and was granted bail ultimately by the learned Sessions Judge by Annexure-A order subject to conditions. Inter alia, the condition was imposed that the petitioner must surrender his passport before the court below. The petitioner in this petition prays that the said condition imposed as per order dated 22.11.07 may now be modified and the passport may be ordered to be released to the petitioner. The petitioner has to return to his place of employment. Any further delay in so returning to his place of employment would cause loss of employment to the petitioner. In these circumstances it is prayed that subject to any appropriate further conditions, the said stipulation may be modified and the passport may be released to the petitioner. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the investigation is not Crl.M.C No.1979 of 2008 2 complete. No serious objections are raised. But it is prayed that adequate safeguards may be insisted so that the petitioner shall be available for trial before the learned Magistrate when final report is filed and the proceedings are commenced before the court. 3. I am satisfied that the request of the petitioner can be allowed subject to appropriate safeguards. 4. In the result, this Crl.M.C is allowed. The passport surrendered by the petitioner to the learned Magistrate as per order dated 22.11.07 shall now be returned to the petitioner on the following conditions: i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum undertaking to appear before the learned Magistrate and reproduce the passport before the learned Magistrate as and when directed; ii) The petitioner shall specify the name of a counsel to whom notice requiring his appearance before court is to be given. He shall in the bond undertake that he shall appear before the learned Magistrate within a period of one month from the date on which such notice is given to the counsel. (R.BASANT, JUDGE) Crl.M.C No.1979 of 2008 3 rtr/-