IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Crl.MC.No. 578 of 2010() ----------------------------- SC.451/2009 of ADDL. SESSIONS COURT, VADAKARA AGAINST THE JUDGEMENT/ORDER IN BA.7081/2009 Dated 02/12/2009 .................... PETITIONER(S): ACCUSED ---------------------- K.USMAN, S/O. MOOSA HAJEE, AGED 30 YEARS, THOOVAKUNNU, KOLAVALLUR AMSOM DESOM, KANNUR DISTRICT. BY ADVS.MR.M.MUHAMMED SHAFI MR.ABDURAHIMAN VAYALIL PEEDIKAYIL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR..S.BREEZ THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. ------------------------ Crl.M.C. No. 578 of 2010 ----------------------------- Dated this the 22nd day of February, 2010 O R D E R This is an application to release the passport of the petitioner to him, which was deposited by him before the Court of the Additional Sessions Judge, Vadakara as a condition for granting bail as per the order dated 02.12.2009 in Bail application No. 7081/2009. 2. The petitioner is the accused in S.C. No.451 of 2009 on the file of the Court of the Additional Sessions Judge, Vadakara. The date of occurrence was on 18.07.2002. The petitioner was granted bail in 2003. In 2004, he went abroad. The petitioner did not appear before the Court. The case against him was treated as long pending. The petitioner came to India in 2009 and he surrendered before the Court on 26.10.2009. He was remanded to judicial custody. The Petitioner filed an application for bail before the Additional Sessions Judge, Vadakara. That application was dismissed. Thereafter, the petitioner moved this Court for bail in Bail Application No.7081/2009. On 02.12.2009, Crl.M.C. No. 578 of 2010 2 bail was granted to the petitioner on certain conditions. One of the conditions was that the petitioner should surrender his passport before the Court of the Additional Sessions Judge, Vadakara. It is stated that the petitioner has complied with that direction. 3. In Paragraph-6 of the Crl. M. C., the petitioner states as follows: “It is learnt that it will take a pretty long time for starting the trial of the case. Even now the trial of the case is going at snail pace and charge is also not framed so far. Now the case is posted to 03.04.2010. It is submitted that the petitioner has to report at his place of work in UAE on or before 10.03.2010. Otherwise the petitioner will lose his only employment and his poor family will be totally perished. Therefore it is highly necessary that the passport of the petitioner be released at the earliest so as to enable him to go abroad and to extend the Visa period. So that the petitioner can safely return to his native place and face the trial of the case.” Crl.M.C. No. 578 of 2010 3 4. The learned counsel for the petitioner submitted that the petitioner undertakes to appear before the Court on 03.04.2010, if the passport is released to him. After getting visa, the petitioner proposes to come back to India and to appear before the court regularly so that the case would be over within a few months. It is submitted that, to show the bona fides of the petitioner, he is prepared to deposit a sum of Rs. 1,00,000/- (Rupees one lakh only) before the Court of the Additional Sessions Judge, Vadakara as a condition for the release of the passport. It is also submitted by the petitioner that in case the petitioner fails to appear before the Court on 03.04.2010 or on any other date to which the case stands posted, he has no objection for forfeiting the sum of Rs. 1,00,000/-. 5. In the facts and circumstances of the case mentioned above, the prayer in the application is allowed. The Additional Sessions Judge, Vadakara shall return the passport of the petitioner to him forthwith on condition that the petitioner shall deposit before the Additional Sessions Court, Vadakara a sum of Rs. 1,00,000/- (Rupees one lakh only). The grant of the relief is also subject to the following conditions: Crl.M.C. No. 578 of 2010 4 1. The petitioner shall appear before the Court of the Additional Sessions Judge, Vadakara in S.C. No. 451/2009 on all posting dates including 03.04.2010. 2. In case the petitioner fails to appear before the Court on any posting date, except for the reasons beyond his control to the satisfaction of the learned Sessions Judge, the sum of Rs. 1,00,000/- deposited by the petitioner as a condition for release of the passport shall be forfeited without any further hearing, in addition to any other coercive steps that may be taken by the Court. Crl.M.C. is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln