IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Crl.MC.No. 4892 of 2008() ------------------------- SC.536/2008 of III ADDL.ASSISTANT SESSIONS COURT, KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- AJARUL ASPATH, AGED 32 YEARS, S/O.KUNHIRAYIN MUNDOLI, MANAPPATTIL PULLITHODI HOUSE,NALLALAM.P.O, CHERUVANNUR, KOZHIKODE DISTRICT. BY ADV. SRI.K.K.JAYARAJ NAMBIAR RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CHANDRAN, AGED 50 YEARS, AUTORIKSHAW DRIVER, EDAKKANDY DESOM, MAKKADA AMSOM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4892 of 2008 ---------------------------------------- Dated this the 1st day of January 2009 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Sections 279,337 and 308 I.P.C. Cognizance has been taken on the basis of a final report. The petitioner was not available for trial. Coercive processes were issued against him. Long later, he surrendered before the learned Magistrate and was enlarged on bail. As a condition for grant of bail by the committal court, he was directed to surrender his passport. The passport has accordingly been surrendered before the learned Magistrate. The case has later been committed to the court of Session. The matter is pending before the court of Session - Assistant Sessions Court-III, Kozhikode. The petitioner has been granted bail by the Assistant Sessions Court also. In such order granting bail, the Assistant Sessions Court has not insisted on production of the passport. 2. The petitioner is employed abroad. He wants to go back to his place of employment. He runs the risk of losing his Crl.M.C.No.4892/08 2 employment, if he does not so report before his employer. The learned counsel for the petitioner submits that the petitioner shall abide by all directions of the Assistant Sessions Court regarding his appearance before the court. But he wants to go back to his place of employment and return. Subject to any appropriate conditions, the passport may be directed to be returned to the petitioner. If sufficient prior notice is given to the learned counsel for the petitioner, the petitioner shall appear in person before the learned Sessions Judge. He shall not, in any way, be responsible for any further protraction of the proceedings. Subject to any appropriate terms and conditions, the passport of the petitioner may be directed to be released to him. The petitioner has not moved the Sessions Court claiming such release of the passport. Appropriate directions under Section 482 Cr.P.C may be issued, it is prayed. 3. It is for the petitioner to move the learned Assistant Sessions Judge for release of the passport to him. When such an application is filed, the learned Assistant Sessions Judge must consider the same on merits and pass appropriate orders. I am of the opinion that unless there be any legal impediment, the Crl.M.C.No.4892/08 3 learned Sessions Judge must consider such prayer sympathetically and permit the petitioner to return to his place of employment abroad and come back to the Sessions Court in sufficient time to take part of the proceedings. Subject to appropriate conditions, such request of the petitioner can be allowed by the learned Assistant Sessions Judge. 4. This Crl.M.C is in these circumstances dismissed with the above observations. 5. Hand over copy of this order to the learned counsel for the petitioner forthwith. He can produce the same before the Assistant Sessions Court along with his application for release of the passport. Appropriate orders must emergently be passed by the learned Assistant Sessions Judge on such application. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4892/08 4 Crl.M.C.No.4892/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008