IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 34404 of 2008(U) -------------------------- CC.1077/2005 of J.M.F.C.,TIRUR .................... PETITIONER: --------------- RASAK, AGED 35 YEARS, S/O.KAMMUTTY, EBRAYINTE URAKKAL HOUSE, P.O.VAKKAD, TIRUR. BY ADV. SRI.C.V.MANUVILSAN SMT.K.VIDYA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, TIRUR. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM. BY GOVT. PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 34404 of 2008 U - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2008 JUDGMENT The petitioner, as the third accused, faces indictment in a prosecution for offences punishable, inter alia, under Section 324 r/w. 149 I.P.C. Cognizance was taken as early as in 2005, as can be ascertained from the number assigned to the case, C.C. 1077 of 2005. The petitioner was not available to be proceeded with. On 11.7.2008 the petitioner, who works abroad and had come on leave, was arrested and taken into custody. He was later released on bail subject to conditions. Inter alia, a condition was imposed that the petitioner shall surrender the passport before the learned Magistrate. Accordingly the passport has been surrendered before the learned Magistrate. The petitioner wants to return to his place of employment abroad. Charges have already been framed and the plea of the petitioner has already been recorded. The petitioner does not intend to dispute his identity at all. In these circumstances, the petitioner wants his passport to be W.P.C.No. 34404 of 2008 2 returned to him subject to any appropriate terms and conditions. If he does not return to his place of employment, he is likely to lose his job and his means of livelihood shall be frustrated. 2. The learned counsel for the petitioner further submits that the Prosecutor has applied for withdrawal of the case under Section 321 Cr.P.C. That petition was not allowed and stands dismissed. That order dismissing the application under Section 321 is challenged in revision, which has already been admitted and further proceedings are stayed by the learned Sessions Judge. 3. The learned counsel for the petitioner submits that there is every likelihood that the revision will be allowed and proceedings brought to termination. The case now stands posted to 10.3.2009. Even assuming that the revision is disposed of against the petitioner, there is no necessity for the petitioner to personally appear before the learned Magistrate. For the trial his personal presence is not required. He will be represented by his counsel and the counsel had already made application under Section 205 Cr.P.C. That application was also dismissed by the Magistrate. In these circumstances the counsel prays W.P.C.No. 34404 of 2008 3 that appropriate direction may be issued to facilitate the return of the petitioner to his place of employment abroad without in any way jeopardising the interests of a fair and expeditious trial. 4. Having considered all the relevant inputs, I find merit in the prayer made by the learned counsel for the petitioner. I am satisfied that it is not necessary to insist that the petitioner must remain in India endlessly waiting for the outcome of the proceedings in revision and the proceedings before the Magistrate. Appropriate orders can be passed. 5. This Writ Petition is accordingly allowed. The passport surrendered by the petitioner shall be returned to him and the petitioner shall be permitted to leave for his place of employment abroad on the following terms and conditions. a) The petitioner shall execute a bond for Rs.1,00,000/- with two solvent sureties each for the like sum undertaking to appear before the learned Magistrate as and when directed by the learned Magistrate, if the personal presence of the petitioner is found to be essential for the further progress of the case. W.P.C.No. 34404 of 2008 4 b) The petitioner in such bond shall undertake to appear and produce the passport back before the learned Magistrate as and when directed by the learned Magistrate. c) The petitioner shall specify the name of the counsel, to whom notice must be issued by the court if the court wants the personal presence of the petitioner before court. (R. BASANT) Judge tm