IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 Crl.MC.No. 4497 of 2010() ------------------------------ CMP.3032/2010 of JUDL. MAGISTRATE OF FIRST CLASS, PEERUMEDU .................... PETITIONER(S): PETITIONER/1ST ACCUSED -------------------------------------------------------------- SABIN @ CHACKO, AGED 39 YEARS, S/O. SCARIA, VARIKKAMAKAL HOUSE, PALOORKAV KARA, PERUVANTHANAM. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): RESPONDENT/COMPLAINANT ---------------------------------------------------------------------- STATE OF KERALA, (STATION HOUSE OFFICER PERUVANTHANAM POLICE STATION) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4497 of 2010 ==================================== Dated this the 04th day of March, 2011 O R D E R Petitioner is the first accused in Crime No.199 of 2010 of Peruvamthanam Police Station for offence punishable under Section 498A read with Section 34 of the Penal Code. Police after investigation submitted final report before learned Judicial First Class Magistrate-I, Peermade who took cognizance of the offence and filed C.C.No.544 of 2010. As per the order of this Court in B.A. No.4614 of 2010 petitioner appeared before learned Magistrate. He was released on bail on executing bond and on condition that petitioner surrendered his passport. Accordingly he surrendered the passport. Learned counsel submits that in connection with business purpose petitioner wanted to go abroad for six months and hence filed C.M.P. No.3032 of 2010 before learned Magistrate to release the passport. That petition was dismissed as per Annexure-A3, order observing that if petitioner went abroad he may not be available for trial. Learned counsel submitted that petitioner is willing to come back after a period of six months, since the offence involved is under Sec.498A of the IPC no CRL.M.C. No.4497 of 2010 -: 2 :- question of identity is involved and hence trial could proceed even in the absence of petitioner as he will be represented by a counsel. I have heard the learned Public Prosecutor also. 2. As submitted by learned counsel since the dispute is between petitioner and his wife question of identity does not arise. Petitioner is willing to come back within six months of release of the passport. Case is of the year 2010. In the circumstances there is no reason why request of petitioner should not be allowed but it shall be subject to conditions so that in the meantime if trial commenced it is not stalled on account of absence of petitioner. It is open to the petitioner to seek exemption from personal appearance in the court below allowing his counsel to make necessary plea and to record his examination under Sec.313 of the Code of Criminal Procedure (for short, “the Code”) as laid down by the Supreme Court in Basavraj R.Patil v. State of Karnataka ([2000] 8 SCC 740). Resultantly this Criminal Miscellaneous Case is allowed. Annexure-A3 order dated 03.11.2010 on C.M.P.No.3032 of 2010 (Crime No.199 of Peruvamthanam police station) is set aside and that application is allowed. Learned Magistrate shall release the passport to the petitioner on his executing bond for Rs.2,50,000/- CRL.M.C. No.4497 of 2010 -: 3 :- (apart from the bond already executed) with two sureties for the like sum each undertaking to appear before the court on the expiry of six months from the date of release of passport or if necessary during the said period and as directed by the learned Magistrate and surrender the passport in court. Petitioner shall file appropriate application for exemption under Sec.205 of the Code before the learned Magistrate and if any such application is preferred learned Magistrate shall after complying with the direction in Basvaraj R.Patil v. State of Karnataka, referred supra pass appropriate orders on that application. Petitioner shall give his contact number and address abroad to his counsel and Investigating Officer within two weeks of his reaching Dubai. I make it clear that if any further condition is to be imposed learned Magistrate is free to do so. THOMAS P. JOSEPH, JUDGE. vsv