IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 Crl.MC.No. 4338 of 2011 --------------------------------- LPR.54/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR ......................................................................................................................................... PETITIONER: ------------------ PRIYA, D/O.RAVEENDRAN AND W/O. AJITH, IKKARATH HOUSE,THRITHALLOOR DESOM, VATANAPPILLY VILLAGE. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS / COMPLAINANT : ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VADANAPPALLY - 688 012. BY PUBLIC PROSECUTOR SMT. JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/- Crl.MC.No. 4338 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I : COPY OF THE IDENTITY CARD OF THE PETITIONER AS CUSTOMER SERVICE AGENT IN SHARJAH AVIATION SERVICES LTD. ANNEXURE II : COPY OF THE JUDGMENT IN C.C.NO.303/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR DATED 04/01/2010 ANNEXURE III : COPY OF THE MEDICAL CERTIFICATE ISSUED FROM ASWINI HOSPITAL (P) LTD., THRISSUR DATED 24/09/2011. ANNEXURE IV : COPY OF THE PETITIONER'S LEAVE DETAILS ANNEXURE V : COPY OF THE APPLICATION IN LPR NO.5/2010 DATED 28/09/2011 FILED BY THE PETITIONER. ANNEXURE VI : COPY OF THE ORDER DATED 28/09/2011 IN C.M.P.NO.6848/2011 PASSED BY THE JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR. ANNEXURE VII : COPY OF THE APPLICATION DATED 30/09/2011 IN L.P.R.NO.54/2010 ANNEXURE VIII : COPY OF THE ORDER DATED 12/10/2011 IN CMP NO.6983/2011 IN LPR 54/2010 PASSED BY JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR. ANNEXURE IX : COPY OF THE DECISION REPORTED IN 2010(2) KLD 600. ANNEXURE X : COPY OF THE DECISION REPORTED IN 2009(1) KLD 825(CHH.) THE CHATTISGARH HIGH COURT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4338 of 2011 ------------------------------------------ Dated this the 19th day of December, 2011 ORDER Petitioner was the second accused in CC.303/2008 of JFCM, Kodungallur. The first accused therein faced trial and he was acquitted by the learned Magistrate as per Annexure - 2 judgment. This petitioner was abroad. Later she was arrested by the police on 27.09.2011 and as per Annexure - 6 order she was granted bail on condition to surrender her passport. Learned counsel submits that she sought two days time to surrender her passport. However, she was released from jail. Learned counsel submits that a petition was filed to modify the condition. Again Annexure - VIII petition was filed seeking one month time to produce her passport by that time she left the country as she was to join duty as otherwise she was likely to lose her job. The learned counsel for the petitioner submits that the petitioner had to leave the country only because of the Crl.M.C.No. 4338 of 2011 -: 2 :- reason stated above. Now the petitioner is ready to appear before the court on or before 31.12.2011. The request is that the learned Magistrate may be directed to grant bail and that court may not insist production of her passport. The learned counsel submits that the petitioner will be available when the case is actually posed for examination of the witnesses. As per Annexure - II judgment, it was held by the learned Magistrate in paragraph 13 that the evidence adduced in the case is lacking credibility and hence that also is a strong reason to say that the accused is to be ultimately to be acquitted by the court, the petitioner contends. 2. Considering all the aspects it is ordered as shown below: If the petitioner surrenders before the court on or before 31.12.2011, if she convinces that court that she Crl.M.C.No. 4338 of 2011 -: 3 :- had to leave the country only because of such unavoidable circumstances (as she was was likely to lose her job) that will certainly be considered by the learned Magistrate. If the petitioner undertakes that she will be actually present before court when the case is posted for examination of the witnesses, (learned Magistrate can suggest the date when the case can be posted for examination) and if the petitioner deposits a sum of Rs.10,000/- ( Rupees Ten thousand only) as additional security, her request for bail will be considered by the learned Magistrate and in view of what has been stated above, production of her passport need not be insisted upon. N.K. BALAKRISHNAN, JUDGE. smvd