IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Crl.MC.No. 700 of 2008() ------------------------ CRL.M.P.NO. 286/2008 IN CRL.M.C.NO.1259/2007 OF COURT OF SESSION, KOZHIKODE. PETITIONER: -------------------- 1. E.NAYEEM, S/O.MOIDU, AGED 25 YEARS, ELAFU MANZIL, KIZHEERIYUR AMSOM, NAMBRATHKARA DESOM, KOYILANDY TALUK. 2. A.HAMEED, S/O.EARATH ABDULLA, AGED 24 YEARS, EARATH HOUSE, KIZHEERIYUR AMSOM, NAMBRATHKARA DESOM, KOYILANDY TALUK. 3. E.SAJITH, S/O.UMMER MASTER, AGED 21 YEARS, EZZATH MANZIL, KIZHEERIYUR AMSOM, NAMBRATHKARA DESOM, KOYILANDY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: --------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.700 of 2008 = = = = = = = = = = = = = = Dated this the 25th day of February, 2008 ORDER The petitioners, who are accused Nos.1,2 and 4 in Crime No.805/2007 of Koyilandy Police Station for offences punishable under Sections 143,147,452,323,427 and 506(ii) IPC were granted bail by the Sessions Court, Kozhikode on 30.11.07. One of the bail conditions was that they shall not leave Kozhikode district without the permission of the Court and that they shall surrender their passports, if any, before the court. Consequent on getting employment abroad, the petitioners filed CMP No.286/2008 before the Sessions Court for return of the passport and for lifting Condition No. 4 in the bail order. That was rejected by the Sessions Judge as per Annexure 2 order dated 6/2/08. Hence this Crl.M.C. 2. Heard both sides. 3. It is true that investigation of the case is virtually over and what remains to be done is to file the final report before the court. But then it will take much time for the Magistrate to take the plea of the accused and commence the trial of the case. To Crl.M.C.No.700 of 2008 2 insist on the personal appearance of the petitioners on all dates of the posting of the case, at the pre trial stage, may not be necessary. Even the charge can be framed and recording the plea of the accused can be made in the presence of the counsel appearing for the accused. Accordingly, the impugned order is set aside and the petitioners are permitted to go abroad. For this purpose their passports shall be returned. The petitioners shall, however, file an undertaking before the court below to the effect that their counsel may be permitted to plead for them at the time of framing of charge and that they will not dispute the capacity of the prosecution witnesses to identity them during trial and further that they shall appear before the court as and when directed. In case the petitioners file such an affidavit , their passports can be returned and they can be exempted from reporting before the Police. The bail conditions shall stand relaxed accordingly. V. RAMKUMAR, JUDGE sj