IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.MC.No. 4833 of 2008 --------------------------------- CP.NO.132/2008 OF JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM. .................... PETITIONER/ ACCUSED: ----------------------------------- NADUCHALIL MAJEED, S/O.ABU, AGED 25 YEARS, IYYANKODE AMSOM, KAKKATTIL DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.T.K.KUNHABDULLA. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NADAPURAM, (CRIME NO.147/03) THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4833 of 2008 ------------------------------------------------- Dated this the 18th day of December, 2008 ORDER The petitioner was released on bail as per Annexure-A1 order subject to conditions. One of the conditions imposed is that the petitioner must surrender his passport. It is also directed that the petitioner must report before the S.H.O., Nadapuram, on the first Monday of all English calendar months until further orders. That order was passed on 25/11/08. The petitioner has been complying with the said conditions. 2. The petitioner is employed abroad. As his passport stands surrendered before the learned Magistrate and he is obliged to report before the learned Magistrate on the first Monday of all English calendar months until further orders, the petitioner is unable to return to his place of employment and Crl.M.C. No. 4833 of 2008 -: 2 :- resume his employment. In these circumstances, it is prayed that the said conditions may now be deleted. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application as such; but points out that the alleged incident had taken place on 10/5/03. The petitioner was not available to be proceeded with and at long last he has been apprehended and granted bail subject to conditions. The conditions imposed are all only calculated to ensure that the petitioner is available for trial. If this Court were inclined to modify the conditions, appropriate safeguards may be insisted and it may be ensured that the accused shall be available for trial when the learned Sessions Judge wants his personal presence for being proceeded with. 4. Having considered all the relevant inputs, I am satisfied that the said conditions can now be deleted subject to appropriate conditions which shall safeguard the apprehensions aired by the learned Public Prosecutor. 5. In the result: (a) This Crl.M.C. is allowed. (b) Conditions 2 and 3 imposed on the petitioner as per Annexure-A1 order dated 25/11/08 in C.M.P.No.4292/08 shall stand deleted/modified as shown below: (c) The passport of the petitioner shall be released to the Crl.M.C. No. 4833 of 2008 -: 3 :- petitioner on condition that: (i) The petitioner deposits a cash security of Rs.25,000/-. (ii) He undertakes to produce the passport back before the learned Magistrate and executes a bond for Rs.50,000/- with two solvent sureties each for the like sum. (iii) In such bond, the petitioner shall undertake to appear before the learned Magistrate and produce the passport within a period of two months from the date on which a specific direction is issued to the petitioner's counsel by the learned Magistrate directing him to appear in person. 6. If the above conditions are satisfied, the court below shall forthwith release the passport to the petitioner. Thereafter the petitioner shall be liable to appear before the court below as and when directed. The bond shall be executed before and the passport shall be released by such court before which the passport is now available. 7. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4833 of 2008 -: 4 :-