IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Crl.MC.No. 4312 of 2010() ----------------------------------- CRMC. 1328/2009 OF SESSIONS COURT, KOZHIKODE DIVISION. CRIME NO.503/2009 OF FEROKE POLICE STATION. .................... PETITIONER(S): ACCUSED --------------------------------------- JASIR, S/O. ABOOBACKER, AFJAS, THEKKEKKARA HOUSE, MUKKINIKKAL, P.O.KALLAI, PAYYANAKKAL, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, FEROKE POLICE STATION, KOZHIKODE. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4312 OF 2010 =========================== Dated this the 18th day of November,2010 ORDER Petitioner the second accused was granted bail in Crime 503/2009 of Feroke Police Station registered for the offences under sections 143, 147,452 and 294(b) read with section 149 of Indian Penal Code by Annexure A order on conditions. Petition is filed under section 482 of the Code of Criminal Procedure to delete condition No.3. Condition No.3 is a direction to the petitioner to surrender the passport or file an affidavit. Case of the petitioner is that if the passport is surrendered, petitioner will lose his job and in such circumstances, it would amount to the denial of his means of livelihood. The petition does not disclose where petitioner was employed except saying that he has got a job Crl.M.C.4312/2010 2 abroad. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Considering the entire facts and the nature of the offences alleged, I do not find that condition No.3 directing the petitioner to surrender passport is necessary in the interest of justice. Hence condition No.3 is deleted. But it is made clear that petitioner shall not leave India without the permission of the concerned Magistrate. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006