IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Crl.MC.No. 2467 of 2009() ------------------------------------ CRIME NO.169/2007 OF NADAKKAVU POLICE STATION. ....................... PETITIONER/ACCUSED --------------------------------- DR.YASIR ABDULLAH, S/O.ABDULLAH KOYA, VAYALIL MALIYEKKAL HOUSE, TRIKKOVIL LANE, KOZHIKODE. BY ADV. MR.SUNNY MATHEW RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2467 OF 2009 ------------------------------------------ Dated 3rd August 2009 O R D E R Petitioner is the accused in Crime No.169/2007 of Nadakkavu police station. When driver of the petitioner was being tried by the learned Magistrate and during the evidence it was brought out that person facing trial is not the person who committed offence, a further investigation under Section 173(8) of Code of Criminal Procedure was conducted with permission of the court. The case is being investigated against the petitioner. Petitioner filed C.M.P.4728/2009 before the Judicial First Class Magistrate-IV, Kozhikode for bail. Under Annexure-A1 order dated 9/7/2009, bail was granted on conditions. Among the conditions there was a direction not to leave the limits of Kozhikode district without permission of the court and also to produce the pass port within two weeks. This petition is filed under Section 482 of Code of Criminal Procedure to quash those conditions. CRMC 2467/09 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that petitioner is a doctor and his relatives are in Saudi Arabia and petitioner has to go to Saudi Arabia and he will return and he is prepared to co-operate with the investigation and in such circumstances the conditions are to be lifted. Learned Public Prosecutor submitted that petitioner may be directed to be available for investigation. 4. On hearing the learned counsel and from Annexure-A1 order, it is clear that the investigation of the case is almost over and custody of the petitioner was not sought for interrogation. In such circumstances, I find no reason to impose the conditions to produce the pass port or not to leave the jurisdiction of Kozhikode district without permission. What is to be assured is the presence of the petitioner at the time of trial. On petitioner filing an affidavit undertaking that he will make himself available for trial and will return from Saudi Arabia within a fixed period CRMC 2467/09 3 before the Magistrate conditions 2 and 3 in Annexure-A1 will stand lifted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.