IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Crl.MC.No. 3629 of 2010() ------------------------------------- CR.NO.451/2009 OF NADAPURAM POLICE STATION. ............. PETITIONER/ACCUSED ---------------------------------- RAHEES, S/O.AMMAD HAJI, AGED 20 YEARS, PERUVANNUR HOUSE, KALLACHI, NADAPURAM AMSOM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/COMPLAINANT/STATE ------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3629 OF 2010 --------------------------------------------- Dated 20th September, 2010 O R D E R Petitioner, the accused in Crime No.451/2009 of Nadapuram Police Station registered for the offences under Sections 452, 323, 324, 308 and 506(II) read with Section 34 of Indian Penal Code was granted bail on conditions. In compliance with the conditions, petitioner surrendered his passport. He filed C.M.P.3025/2010 before the Magistrate, to release the passport contending that he got employment in Gulf country and therefore, the passport is to be released. By Annexure-A2 order learned Magistrate dismissed the application accepting the contention of the prosecution that the other accused is to be arrested Crmc 3629/10 2 and if, the petitioner leaves India he will not be available for investigation and trial. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-2 order and direct the learned Magistrate to release the passport. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner pointed out that Annexure-I establishes that petitioner was granted visa by Ministry of Interior, General Directorate of Residence and Foreigners Affairs, U.A.E and if the petitioner does not join the employment, he will loose the proposed employment of Cash Desk Clerk. Learned counsel submitted that the petitioner is prepared to furnish security Crmc 3629/10 3 and he is also prepared to undertake that if his presence is necessary for investigation, he will appear before the investigating officer on getting 15 days prior information and also will make himself available for trial. 4. Learned Public Prosecutor submitted that the co-accused is yet to be apprehended and if, petitioner is permitted to leave India, it will affect the investigation and petitioner will not be available for trial also. 5. Considering the fact that case was registered in 2009 and the petitioner was granted bail as early as 15/11/2009, it is not in the interest of justice to deny the petitioner the employment in Gulf country, evidenced by Annexure-I. In such circumstances, with sufficient conditions passport could be released to the petitioner on assuring his Crmc 3629/10 4 presence for the purpose of investigation and trial. 6. Judicial First Class Magistrate, Nadapuram is directed to release the passport to the petitioner on the following conditions. 1) Petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties for the like sum to the satisfaction of Judicial First Class Magistrate, Nadapuram, out of which one should be a close relative of the petitioner, like parents or sibling, undertaking that petitioner shall be available for investigation or trial as and when required. 2) Petitioner shall furnish his address in the Gulf country to the investigating officer and shall also furnish address of the person to whom notice is to be Crmc 3629/10 5 served in his absence to make himself available for investigation. Petitioner shall undertake that within 15 days from the date of service of such notice, he will appear before the investigating officer. Petitioner shall also undertake that he shall make himself available for trial in case a final report is submitted against him. M.SASIDHARAN NAMBIAR, JUDGE. uj.