IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 OP(Crl.).No. 4001 of 2011(Q) ---------------------------- AGAINST THE ORDER DATED 30/11/2011 IN CMP 7600/2011 IN CC.67/2010 of J.M.F.C.,VADAKARA .................... PETITIONER: ------------ BIJU, S/O. LATE GOPI, AGED 32 YEARS, ILLATH KUNIYIL HOUSE, ORKATTERI P.O., ERAMALA, VATAKARA-VIA, KOZHIKODE DISTRICT BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER IBRAHIM RESPONDENT(S): -------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 31. 2. THE STATION HOUSE OFFICER, EDACHERY POLICE STATION, EDACHERY P.O. VATAKARA – VIA, KOZHIKODE DISTRICT 673 502 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS O. P. (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(Crl.).No. 4001 of 2011(Q) APPENDIX PETITIONERS EXHIBITS P1: COPY OF THE MARRIAGE INVITATION CARD OF THE PETITIONER P2: COPY OF THE PASSPORT OF THE PETITIONER EVIDENCING THE STAMPED VISA P3: COPY OF THE ORDER DATED 30.11.2011 IN CMP 7600/2011 IN CC 67/2010 OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA RESPONDENTS EXHIBITS NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ O.P.(Crl.) No: 4001 OF 2011 (Q) ------------------------------------------ Dated this the 7th day of December, 2011 J U D G M E N T The petitioner is the 3rd accused in C.C. No:67/2010. The offences alleged against him and other accused are under sections 143, 147, 148, 341, 448, 323 and 324 r/w 149 IPC. 2. The petitioner was working abroad. He left Qatar on 13.6.2011. He surrendered before the Magistrate on 20.6.2011 and was released on bail. He was directed to surrender his passport and hence the passport was surrendered. 3. The learned counsel for the petitioner submits that now the case stands posted to 15.2.2012. As per the terms of the employment he has to rejoin duty within six months O.P.(Crl.) No: 4001 OF 2011 (Q) -2- from the date of relief from the foreign country. Unless he rejoins within the time prescribed he will lose his job. Hence it is submitted that the passport which has been produced by the petitioner may be ordered to be released to him for the purpose of leaving for Qatar and to join his office. It is submitted that the petitioner will undertake to appear before Court immediately thereafter on the day when the case is posted for evidence. 4. Hence the learned Magistrate will order release of the petitioner's passport on executing a further bond for `.10,000/- with solvent sureties for the like amount. The petitioner will make a statement as to when he would come back. The learned Magistrate will grant reasonable time for the petitioner to go to Qatar and come back on 15.2.2012 or on a subsequent date the Magistrate may fix. The O.P.(Crl.) No: 4001 OF 2011 (Q) -3- petitioner is at liberty to file a petition under section 205 of Cr.P.C.. If the physical presence of the petitioner is not required and if no question of identity is there, the quantum whether exemption is to be granted will be considered by the learned Magistrate. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE jjj