IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 CRMC.No. 3987 of 2009() ------------------------- CRMP NO. 3204/2009 AND 3205/2009 IN CRMC 912/09 AND 1081/09 OF THE SESSIONS COURT, KOZHIKODE .................... PETITIONERS/ ACCUSED 3 & 4 ------------------------------------ 1. MUHAMMADALI, AGED 20 YEARS, S/O.MUHAMMED, KUNHIKATTIL HOUSE, EDACHERY AMSOM, IRINGANNUR DESOM, VATAKARA TALUK. 2. MOHAMMED SIJAAD, AGED 23 YEARS, S/O.ABDUL LATHEEF, MOYORAKANDIYIL HOUSE, IRINGANNUR P.O., VATAKARA TALUK. BY ADV. MR.ZUBAIR PULIKKOOL RESPONDENT/ COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY MR. P.A. SALIM, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rkc M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3987 OF 2009 ------------------------------------------ Dated 22nd December 2009 O R D E R Petitioners are accused 3 and 4 in crime No.171/2009 of Nadapuram police station registered for the offences under Sections 143, 147, 148, 506(i) read with Section 149 of Indian Penal Code and Sections 3 and 5 of Explosive Substances Act. First petitioner along with accused 6 and 7 were granted anticipatory bail by Annexure-II order dated 15/7/2009. Second petitioner was granted anticipatory bail by Annexure-I order dated 26/8/2009. In both orders petitioners were directed to surrender their passports and also directed not to leave the jurisdiction of Nadapuram police station without previous permission Crmc 3987/09 2 of the investigating officer. Petitioners filed Crl.M.P.3204/2009 and 3205/2009 to lift condition No.4 in the bail orders, so as to enable them to leave India for employment. By Annexure-III order those petitions were dismissed. These petitions were jointly filed under Section 482 of Code of Criminal Procedure to quash Annexure-III order to delete condition No.4 in Annexures- I and II orders. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioners submitted that petitioners have almost completed their education and their relatives are working in Gulf countries and if, petitioners could go to Crmc 3987/09 3 Gulf countries, they would get employment and hence passports are to be released. 4. Learned Public Prosecutor submitted that the investigation as against petitioners are over. 5. If petitioners are allowed to go abroad, their presence for the purpose of trial may not be available. It is for that reason, learned Sessions Judge did not lift the condition as sought for. At the same time, if petitioners are getting employment abroad, due to the fact that they are involved in the case, opportunity shall not be denied. In such circumstances, it is made clear that petitioners are entitled to get the passports released, if the petitioners make available materials before the Magistrate to show that they got Crmc 3987/09 4 employment and visa in any foreign country, on executing bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, undertaking to appear before the court as and when required. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.