IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Crl.MC.No. 1633 of 2009() --------------------------------------- (CRIME NO.275/CR/III/06 OF CBCID/SIG III, KOZHIKODE) PETITIONER(S): 2ND ACCUSED: ------------------------------------------------- NASEER KOLAPPALA, S/O. MOHAMMED, AGED 31 YEARS, VADAKARA NARTHA AMSOM, NARTH, KANNUR DISTRICT. BY ADV. MR.S.RAJEEV RESPONDENT(S): STATE: ---------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.275/CR/ III/06 OF CBCID/SIG III, KOZHIKODE). BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2009 ALONG WITH CRMC.NO.1641 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1633 &1641 OF 2009 =========================== Dated this the 26th day of May,2009 ORDER Petitioner is the second accused in Crime No.226/2006 of Medical College Police Station, Kozhikode. The allegation is that he committed offence under section 489B read with section 34 of Indian Penal Code along with other accused. As per order dated 20.2.2009, this court granted bail to the petitioner in bail application 685/2009. One of the conditions imposed was that he shall not leave the limits of the Police Station within which the crime is registered, except with the previous permission of the Magistrate. Crl.M.C.1641/2009 is filed to lift the said condition. The passport of the petitioner was seized by the police during investigation and was produced before the learned Magistrate. Petitioner filed Crl.M.C.1633 & 1641 of 2009 2 C.M.P.1095/2009 before Judicial First Class Magistrate under section 451 of Code of Criminal Procedure to release the passport contending that he is working in Qatar and if he fails to report at Qatar before 30.5.2009 his visa will expire and he will loose the employment therein and therefore the passport is to be released. The prosecutor opposed the application contending that if the passport is released, he will leave India and there is every chance for repeating the crime. Learned Magistrate dismissed the petition as per order dated 11.5.2009 holding that considering the seriousness of the offence and the submission of the Prosecutor he is of the opinion that the passport shall not be released to the petitioner at this stage. Crl.M.C. 1633/2009 is filed to quash that order and to grant interim custody of the passport. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were Crl.M.C.1633 & 1641 of 2009 3 heard. 3. Learned counsel appearing for the petitioner submitted that unless the passport is released the period of visa cannot be extended and he would lose his entire business and the very life and therefore in the interest of justice he is to be permitted to leave India and to be away for two months and for that limited purpose passport is to be released. Learned counsel also submitted that petitioner is prepared to give any security including that of his close relatives and unconditional undertaking to appear before the court within two months from that date and therefore his passport be released and the condition while granting bail be lifted. 4. Learned Public Prosecutor opposed the application submitting that if petitioner leaves India, he may not return and there is every chance for repeating the offence and therefore the passport cannot be released. Crl.M.C.1633 & 1641 of 2009 4 5. The order for bail granted by this court does not contain a prohibition against leaving India. It only contains the condition that petitioner shall not leave the limits of the Police Station, within which the crime is registered except with the previous permission of the Magistrate. Therefore petitioner is entitled to seek permission of the Magistrate and leave India, if it is permissible. Therefore I find no reason to lift the condition in the bail order as sought for. With liberty to the petitioner to move the Magistrate for permission, Crl.M.C.1641/2009 is disposed. 6. The case of the petitioner is that the period of his visa will expire unless the passport is released and petitioner could go over to Qatar and if he fails, his entire business will be ruined. Learned counsel submitted that petitioner is prepared to give any security or guarantee including that of his close relatives and will Crl.M.C.1633 & 1641 of 2009 5 assure that he will appear within the time stipulated by the Magistrate and therefore the passport may be released. 7. In the light of this submission of the petitioner that he is prepared to seek permission of the Magistrate to leave India for a limited purpose and he is prepared to give any security and guarantee for his return within two months learned Magistrate may consider the application to leave India for the short period and to release the passport for that purpose on getting sufficient security and guarantee that he will return and appear within the stipulated time. Petitions are disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006