IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Crl.MC.No. 212 of 2011() ------------------------ CRL.M.P.NO.78/2011 IN CRL.MC NO.1720/2010 OF SESSIONS COURT, KOZHIKODE CRIME NO.713/2010 OF NADAPURAM POLICESTATION PETITIONER(S): PETITIONER/6TH ACCUSED ------------------------------------- NAVAS C.P., S/O.AMMED, AGED 28 YEARS, CHOYIPUTHIYOTTIL, P.O.VALLIYAD, VILLIAPALLY VIA, VATAKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.212 of 2011 -------------------------------------- Dated this the 25th day of January, 2011. ORDER Petitioner is accused No.6 in Crime No.713 of 2010 of Nadapuram Police Station for offences punishable under Sections 143, 147, 148 and 153A read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act,1908. Petitioner was granted bail by the learned Sessions Judge, Kozhikode subject to conditions which included that he shall surrender his passport in the trial court. Petitioner accordingly surrendered his passport. Petitioner who is employed abroad wants release of the passport. Petitioner filed Crl.M.P.No.78 of 2011 before the learned Sessions Judge, Kozhikode for the said purpose. That application was dismissed by Annexure-3, order. 2. I have heard learned Public Prosecutor who submitted that of the 30 accused some are yet to be apprehended and that the investigation is in the preliminary stage. 3. Similar request made by accused No.7 was allowed by this Court by order dated January 21, 2011 in Crl.M.C.No.202 of 2011. Having regard to the circumstances, there is no reason why a different stand should be taken in the matter of petitioner. Hence I am inclined to allow this petition but subject to stringent conditions so that presence of petitioner in the trial court is ensured. Crl.M.C.No.212/2011 2 Resultantly this petition is allowed, Annexure-A4, order is set aside and Crl.M.P.No.78 of 2011 is allowed in the following lines: i. Petitioner is permitted to go abroad for a period of six months or till his presence is required for investigation or trial of the case, whichever is earlier. ii. The direction that petitioner shall report to the Investigating Officer is lifted during the said period. iii. Passport surrendered by petitioner shall be released to him subject to the following conditions: (a) Petitioner shall execute bond for `.2,50,000/- (Rupees Two lakhs and Fifty thousand only) with two sureties for the like sum each undertaking to appear before the trial court or the Investigating Officer as the case may be as and when required and directed to do so and at any rate, on the expiry of the said period of six months. (b) Petitioner shall file affidavit in the trial court stating the name and contact telephone number of his counsel and the name and contact telephone number of petitioner, abroad. A copy of the affidavit shall be given to the officer investigating the case as well. Crl.M.C.No.212/2011 3 (c) Petitioner shall as and when he is informed either directly or through counsel, appear before the trial court failing which it will be open to the trial court to cancel the bond and initiate necessary action. (d) It is made clear that the bond executed as aforesaid is in addition to the bail bond already executed by petitioner. (e) Learned Judicial First Class Magistrate-I, Nadapuram is directed to release the passport to the petitioner on execution of bond and filing of affidavit as above stated. THOMAS P.JOSEPH, Judge. cks