IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH DECEMBER 2006 / 21ST AGRAHAYANA 1928 Crl.MC.No. 3965 of 2006() ------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4502/2006 Dated 31/07/2006 CMP.2162/2006 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER: IST ACCUSED -------------------------------------- FARSHAD M.A. @ PACHU, AGED 26 YEARS, S/O.LATE AMOO MANGAD, MANGAD HOUSE, MANGAD, BARA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: ---------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.A.AKBAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.M.C.No.3965 of 2006 ---------------------------------------- Dated this the 12th day of December 2006 O R D E R The petitioner was granted bail as per order dated 31/07/2006 subject to conditions. The investigation is now complete. Charge sheet has already been filed. The condition imposed obliges the petitioner to surrender his passport and not to leave the State of kerala until the final trial and disposal of the case by the competent court. The petitioner in this petition prays that the direction that the surrendered passport shall be retained by the investigating officer and that the petitioner should not leave State of Kerala until the final trial and disposal may be deleted. 2. I find merit in the prayer made by the learned counsel for the petitioner. The passport which the petitioner has surrendered before the investigating officer shall be released to him and the condition that he shall not leave the State of Kerala until the final trial and disposal of the case by the competent court shall be deleted subject to the further condition that the petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum undertaking to appear before the learned Magistrate as and when directed by the learned Magistrate. Crl.M.C.No.3965/06 2 The petitioner shall specify the person/surety on whom the intimation about the requirement of his presence is to be served by the court. 3. This petition is in these circumstances allowed in part to the above extent. (R.BASANT, JUDGE) jsr Crl.M.C.No.3965/06 3 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006