IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Crl.MC.No. 3770 of 2009() -------------------------------------- CRL.M.C.NO.1453/2009 OF SESSIONS COURT, KOZHIKODE CRIME NO.426 OF 2009 OF CHEVAYUR POLICE STATION,KOZHIKODE DIST. ....... PETITIONER(S): PETITIONERS/ACCUSED NO.1 TO 3: -------------------------------------------------------------------------------- 1. YUNUS,S/O.SHOUKATHALI, AGED 39 YEARS,VADAKKUMMURI,OORANGHATTIRY P.O., AREEKODE,MALAPPURAM DISTRICT. 2. AYSHABI,W/O.SHOUKATHALI, AGED 60 YEARS,VADAKKUMMURI,OORANGHATTIRY P.O., AREEKODE,MALAPPURAM DISTRICT. 3. RAMLATH,D/O.SHOUKATHALI, AGED 35 YEARS,VADAKKUMMURI,OORANGHATTIRY P.O., AREEKODE,MALAPPURAM DISTRICT. BY ADV. MR.K.M.FIROZ RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHEVAYUR POLICE STATION,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3770 OF 2009 =========================== Dated this the 4th day of December,2009 ORDER Petitioners are the accused in Crime 426 of Chevayur Police Station registered for the offence under sections 341,323, 498A and 406 of Indian Penal Code. By Annexure A order learned Sessions Judge, Kozhikode granted anticipatory bail to all the petitioners imposing several conditions. This petition is filed under section 482 of Code of Criminal Procedure to quash the said conditions. 2. The second condition was to surrender their passport before the Magistrate. Fourth condition was that petitioners shall not leave jurisdiction of Chevayur Police Station without the previous permission of the Magistrate till completion of trial. Fifth condition was that petitioners shall report before the Investigating Officer as and when required for the purpose of investigation. Condition No.6 was that petitioners should report before the Investigating Officer on all days in between 8 a.m and 10 a.m for a period of two weeks and thereafter on all Mondays till Crl.M.C.3770/2009 2 the final report is filed. 3. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 4. Learned counsel submitted that first petitioner is employed in U.A.E as evidenced by Annexure B copy of the visa and unless the condition to surrender the passport as well as the direction to appear before the Investigating Officer is lifted, petitioner cannot go abroad and eke out his livelihood. Learned counsel also submitted that as there is a restriction not to leave the jurisdiction of the Chevayur Police Station, other petitioners cannot move out of the Chevayur Police Station limit and in such circumstance, the said condition also be modified. 5. Learned Public Prosecutor submitted that investigation is in progress. 6. Considering the fact that first accused is employed in U.A.E, retention of his passport till the filing of the final report or disposal of the case would amount to denial of opportunity to the petitioner to earn his livelihood. In such circumstances, it is not in the interest of justice to continue the condition, provided sufficient assurance is obtained for the presence of the petitioner for the purpose of trial, if warranted. Similarly it is not necessary for imposing a condition restraining petitioners from moving out of Chevayur Police Station or a direction to the petitioners to appear before Crl.M.C.3770/2009 3 the Investigating Officer on all Mondays till the final report is filed. 7. In such circumstances, the conditions in Annexure A order directing surrender of the passport of the first accused and a direction to the petitioners not to leave the jurisdiction of Chevayur Police Station and the direction to appear before the Investigating Officer on all Mondays between 8 a.m and 10 a.m are lifted. Petitioners need appear before the Investigating Officer only as and when required by the Investigating Officer. They shall not leave the country without the permission of the court. The passport of the first accused shall be released to him and he is permitted to leave India on executing a bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the learned Magistrate, out of which one surety should be the close relative like parents or brothers, undertaking that first accused will appear before the court as and when required. First accused shall appear before the Investigating Officer between 10 a.m and 12 a.m for two days on 7.12.2009 and 8.12.2009 to enable the Investigating Officer to interrogate him further if necessary. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006