IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Crl.MC.No. 4560 of 2008() ------------------------- CRMP.3332/2008 of SESSIONS COURT, KOZHIKOE .................... PETITIONER(S): --------------- MUHAMMED BASHEED, S/O. ABDULLA, AGED 31 YEARS, KULAMULLATHIL HOUSE, IRINGATH, KOYILANDY TALUK, BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. S.H.O. PAYYOLI POLICE STATION, CRIME NO.227/2008. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4560 of 2008 ---------------------------------------- Dated this the 25th day of November 2008 O R D E R The petitioner faces allegations in a crime registered under Section 376 I.P.C. The petitioner has already been granted bail by the learned Sessions Judge subject to conditions. There is a condition that the petitioner must produce his passport before being enlarged on bail. The petitioner is not now in possession of the passport. The passport is now in the custody of the orphanage where the petitioner was working. They are not co- operating and are not handing over the passport to the relatives/representatives of the petitioner. The petitioner applied to the learned Magistrate to issue directions to the police to search the orphanage to produce the passport. That application has not been considered favourably. The result is that the petitioner continues in custody consequent to his inability to produce the passport. The learned counsel for the petitioner submits that from jail, the petitioner cannot produce the passport. If he is released on bail he will ensure that he gets back the passport from his employer and produces it before court. Appropriate modification of the impugned order may be made. The petitioner shall produce such passport within a Crl.M.C.No.4560/08 2 period of fifteen days from the date of his release. To that extent, the condition may be modified, it is submitted. On account of the genuine difficulty faced by the petitioner, the petitioner who is in custody from 22/9/2008 notwithstanding an order granting bail in his favour dated 21/10/2008 is languishing in custody even now, submits the learned counsel for the petitioner. 2. I have heard the learned counsel for the petitioner. I am satisfied that the condition can be modified to realistically grant the petitioner an opportunity to comply with the condition. 3. In the result, a) This petition is allowed. b) Condition No.2 imposed on the petitioner is modified and it is directed that the petitioner need produce the passport before the learned Magistrate only within a period of fifteen days from the date of his actual release from custody. c) The learned Magistrate shall zealously ensure that this condition is complied with by the petitioner. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4560/08 3 Crl.M.C.No.4560/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008