IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Crl.MC.No. 3342 of 2009() ------------------------------------ CRIME NO.275/CR/S/111/2006 OF CBCID/SIG-111 OF KOZHIKODE IN CRIME NO.220/2006 OF MEDICAL COLLEGE POLICE STATION. ................. PETITIONER/ACCUSED NO.2 ------------------------------------------ NASEER KOLAPPALA, S/O.MUHAMMAD KUNHI, AGED 31 YEARS, KANNOTH, PUTHIYA PURAYIL, VADAKARA, NARATHA AMSOM DESOM, (PO) NARATH, KANNUR DISTRICT. BY ADV. MR.S.MAMMU RESPONDENT/ STATE & COMPLAINANT --------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3342 OF 2009 ------------------------------------------ Dated 3rd November 2009 O R D E R Petitioner is the second accused in crime No.275/CR/S/111/2006 of CBCID/SIG-111 of Kozhikode. Petitioner was granted bail. Prosecution case is that he committed offence under Section 489 B of Indian Penal Code read with Section 34 of Indian Penal Code along with other accused. One of the conditions of bail was that he shall not leave the limits of police station, within which the crime was registered. Passport of the petitioner which was seized by the police was produced before the learned Magistrate. Petitioner had earlier filed C.M.P.1095/2009 for interim custody of the passport contending that as he is working in Quatar unless the period of his visa is extended, which would expire on 30/5/2009, he will loose his livelihood. Though it was dismissed by the learned Magistrate, by Annexure-1 order, in Crl.M.C.1633/2009 and 1641/2009 this court set aside the order of the learned Magistrate and directed the CRMC 3342/09 2 Magistrate to consider the application afresh, provided the petitioner give sufficient security and guarantee for his return within two months of releasing the passport. Passport was accordingly released to the petitioner and he had gone to Quatar and returned. C.M.P.3805/2009 was later filed before the learned Magistrate for permission to leave India and to release the passport for that purpose. It was dismissed by Annexure-2 order refusing to grant permission to leave India or to release the passport for that purpose. It is challenged in this petition. 3. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 4. Learned counsel appearing for the petitioner pointed out that petitioner is running an export business in Quatar and he has been there for the last eleven years and unless petitioner is permitted to go to Quatar, his business will be ruined and it would affect his very livelihood and in such circumstances, passport is to be released to him and he is to be permitted to leave India. Learned counsel submitted that petitioner is prepared to abide by any condition and his previous conduct show that he would CRMC 3342/09 3 abide by the conditions as he had gone to Quatar and returned within the period and he would make himself available for trial and in such circumstances, the passport is to be released. 5. Learned Public Prosecutor submitted that final report is yet to be submitted before the court and if petitioner is to be permitted to leave India , there should be sufficient guarantee and assurance that he would be available for trial. 6. Considering the fact that petitioner was arrested on 25/12/2008 and final report is yet to be submitted and personal presence of the petitioner is not necessary for the purpose of completing investigation, and denial of permission sought for would be a denial to engage in his business at Quatar, where he is doing business for the last seven years and consequently would affect his family, it is not in the interest of justice to deny the permission. On sufficient guarantee and assurance that petitioner would be available for trial, passport could be released to the petitioner and he could be permitted to leave India. 7. Annexure-2 order is quashed. Judicial CRMC 3342/09 4 First Class Magistrate, Kunnamangalam is directed to release the passport to the petitioner with permission to leave India on the following conditions. Petitioner shall execute a bond for Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate, Kunnamangalam undertaking that petitioner shall be available for trial and would appear as and when required by the court. One of the sureties shall be a close relative of the petitioner like his wife, mother, parents or brother who shall surrender the passport before the learned Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.