IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 1206 of 2010 ---------------------------------- (CRL.M.C. NO. 136/2010 OF THE SESSIONS COURT MANJERI) .................... PETITIONER/3RD ACCUSED: ----------------------------------------- RATISH, S/O.VELAYUDHAN, PALASSERY POTTA HOUSE, CHELAMBRA VILLAGE AMSOM AND POST, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. MR.K.K.MOHAMED RAVUF. RESPONDENT: ---------------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, THENHIPALAM POLICE STATION, THENHIPALAM, MALAPPURAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1206 of 2010 -------------------------- ORDER Third accused in Crime No.47/2010 of Thenhipalam Police Station, registered for the offences under Sections 143, 147, 148, 452, 323, 324 and 506 (ii) read with Section 149 of Indian Penal Code, was granted anticipatory bail along with the other accused by Annexure-A1 order dated 9.2.2010 by learned Sessions Judge, Manjeri, on conditions. One of the conditions was that petitioner shall surrender his passport before Judicial First Class Magistrate's Court-I, Parappanangadi. Accordingly, he surrendered his passport, evidenced by Annexure-A2 memo. Case of the petitioner is that he had already obtained a visa for employment at Saudi Arabia and unless the passport is released, he cannot go abroad and join duty and therefore, a direction be issued to release the passport. CRMC 1206/10 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A1 order shows that when the anticipatory bail application was heard by the learned Sessions Judge, learned Public Prosecutor had submitted that investigation is almost over. In such circumstances, I do not find it necessary to retain the passport for the presence of the petitioner for the purpose of investigation. What is to be assured is only the presence of the petitioner at the time of trial. Unless the passport is released, petitioner will lose his employment and in such circumstances, on sufficient conditions, passport could be released to the petitioner. 4. Petition is allowed. Judicial First Class Magistrate-I, Parappanangadi is directed to release the passport to the petitioner on executing a bond for Rs.50,000/- with two solvent sureties each for the like sum, undertaking to appear before the CRMC 1206/10 3 learned Magistrate for the purpose of trial. Petitioner shall furnish his address at the foreign country as well as the address of the counsel to whom notice is to be served, in case petitioner is not available in India for trial. At least one of the sureties shall be a close relative of the petitioner, like his parents or sibling. 7th April, 2010 (M.Sasidharan Nambiar, Judge) tkv