IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1647 of 2008 CRL.M.P.NO. 344/2008 IN CRL.M.C.NO. 1238/2007 OF THE SESSIONS OCURT, KOZHIKODE CRIME NO. 435/2005 OF PERAMBRA POLICE STATION ------------------------- PETITIONER/PETITIONER/ACCUSED NO.5: ------------ MUNEER, S/O. MOOSA, KOLORACHALIL HOUSE ERAVATTUR AMSOM, KALLODE KOYILANDY TALUIK. BY ADV. SRI.SANTHARAM.P RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY S.H.O. PERAMBRA. BY PUBLIC PROSECUTOR M. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1647 of 2008 = = = = = = = = = = = = = = Dated this the 11th April , 2008 ORDER The petitioner, who was one of the accused persons in Crime No.435/2005 of Perambra police station registered for offences under Sections 143,147,148,341,324,506(i) and 308 read with Section 149 I.P.C., was granted bail by the Sessions Court, Kozhikode as per Annexure-A2 order dated 24-11-2007 in Crl.M.C.No.1238/2007. One of the bail conditions is that he should surrender his passport before the Magistrate concerned. Accordingly, the petitioner surrendered his passport. Subsequently, the petitioner filed C.M.P.No.344/2008 before the Sessions Court, Kozhikode for lifting the bail conditions regarding reporting before the police and also for return of his passport on the ground that he wanted to go abroad for the purpose of renewal of CRMC 1647/2008 -2- his VISA. The learned Sessions Judge as per Annexure-A3 order dated rejected his petition. Hence, this Crl.M.C. 2. The case of the petitioner has been refiled and is pending as C.P.No.33/2007 before the Judicial First Class Magistrate-I, Perambra. It may take some time for the trial of the the above case . The proceedings before the Magistrate and subsequent proceedings before the Sessions Court can be continued, if the petitioner is willing to apply for personal exemption. Accordingly, if the petitioner applies to the committal court as well as the Sessions Court for personal exemption on the ground that he will not dispute his identity during the committal proceedings or trial, the Magistrate as well as the Sessions Judge shall exempt the petitioner from personal appearance and permit him to be represented through his counsel. The passport of the petitioner shall be returned on proper undertaking enabling him to join his place of employment. The other bail conditions shall stand suspended during the absence of the petitioner in India. This Crl.M.C.is disposed of accordingly. ks. V. RAMKUMAR, JUDGE CRMC 1647/2008 -3- ks.