IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Crl.MC.No. 4338 of 2010() ------------------------------------- CRL.MP.2362/2010 IN CRL.MC.331/2010 OF SESSIONS COURT, KOZHIKODE. CRIME NO.136/2010 OF NADAPURAM POLICE STATION. ......................... PETITIONER/ACCUSED ---------------------------------- 1. HARIS, AGED 21 YEARS, S/O.MOIDU, RESIDING AT ALOLLACHIL HOUSE, CHEKKIAL AMSOM DESOM, VADAKARA TALUK. 2. ASLAM, AGED 20 YEARS, S/O.AHAMMED, RESIDING AT MAMUNDERI HOUSE, CHEKKIAL AMSOM DESOM, VADAKARA TALUK. 3. NISSAR, AGED 26 YEARS, S/O.MUHAMMED, RESIDING AT MAMUNDERI HOUSE, CHEKKIAL AMSOM DESOM, VADAKARA TALUK. BY ADV. SRI.C.A.MAJEED, SRI.ABDUL JALEEL, SRI.ASIF K.H. RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, NADAPURAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4338 of 2010 -------------------------- ORDER Petitioners are accused 2 to 4 in Crime No. 136/2010 of Nadapuram Police Station, registered for the offences under Sections 143, 147, 148 and 307 read with Section 149 of Indian Penal Code. By Annexure-A order, bail was granted to the accused on conditions. One of the conditions was that petitioners shall surrender their passports. Accordingly, petitioners surrendered their passports. Thereafter, petitioners filed Crl.M.P. No.2362/2010 before Sessions Court, Kozhikode to lift the third condition, namely, surrender of passports, with a prayer to release the same contending that they have to go abroad for their employment. By Annexure-C order, learned Sessions Judge directed to release the passports on condition that they shall not leave India without the previous permission of the learned Magistrate CRMC 4338/10 2 and furnish a bond for Rupees Two lakhs each with two solvent sureties for the like amount. Investigating Officer was directed to take steps to impound the passports of the petitioners till the disposal of the criminal cases. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said condition contending that by Annexure-D order dated 26.3.2010, passport was released to the fifth accused and by Annexure-E order, permission was granted to the first accused to leave India on conditions. Petitioners would contend that in such circumstances, the second condition in Annexure-C order is to be quashed. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. By Annexure-D order, this Court had already modified the condition in the bail order. This Court directed the accused to execute a bond for Rupees Three lakhs with two solvent sureties and CRMC 4338/10 3 also to furnish the address to which communication is to be sent for ordering presence of the petitioner. By Annexure-E order, a similar order was passed. Learned Public Prosecutor submitted that final report has already been submitted. In such circumstances, presence of the petitioners is not necessary for the purpose of investigation. Therefore, presence of the petitioners is to be assured only for trial. If sufficient conditions are imposed to assure the presence, there is no necessity to restrain petitioners from going abroad and eak out their livelihood. Petition is allowed. Conditions in Annexure-C order are deleted. Passports of the petitioners shall be released, on their executing a bond for Rupees Three lakhs with two solvent sureties each for the like amount, out of which one shall be a near relative of the petitioners like their parents, brothers or sisters and on undertaking that petitioners would make themselves available CRMC 4338/10 4 for trial as and when required. Petitioners shall also furnish their address at the places of employment to the Investigating Officer and also the address of the person/counsel to whom communication is to be sent on their behalf, to assure their presence for the purpose of trial. 23rd November, 2010 (M.Sasidharan Nambiar, Judge) tkv