IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4705 of 2010() ------------------------- CMP.6120/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... (CRIME NO.10/2006 OF CBCID, THRISSUR) .. PETITIONER(S): ACCUSED NO.9: ------------------------------------------------- P.SHYMESH @ SHYAM, AGED 33, S/O.K.MUKUNDAN NAIR, `UPASANA', PONNOTH ROAD, KALOOR, KOCHI, ERNAKULAM DISTRICT. BY ADVS. SRI.B.RAMAN PILLAI, SRI.R.ANIL, SRI.ANIL K.MOHAMMED, SRI.SUJESH MENON V.B., SRI.JOSEPH P.ALEX, SRI.SHYAM ARAVIND, SRI.T.ANIL KUMAR. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4705 OF 2010 --------------------------------------------- Dated 13th December, 2010 O R D E R Petitioner, the nineth accused in crime No.1268/2005 of Thrissur East Police Station now being investigated by CBCID, Thrissur as Crime No.10/2006, was released on bail on conditions under Annexure-B order dated 20/10/2010. In compliance with the conditions, petitioner surrendered his passport. Third condition was to appear before the investigating officer on every Friday for eight weeks. That period is now over. Fourth condition was that the petitioner shall not leave the State without the consent of the Court for a period of three months. Other conditions are that he shall not intimidate or Crmc 4705/10 2 influence witnesses or tamper with the evidence and shall co-operate with the investigating officer. Petitioner filed M.P.6120/2010 to lift the condition directing him to surrender the passport and also to appear before the investigating officer and not to leave the State. By Annexure-D order, the petition was dismissed. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-D order and to delete the conditions as sought for in M.P.6120/2010 before the Magistrate. 2. Learned Senior counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-B order passed by the learned Magistrate shows that the learned Magistrate has perused entire case diary and Crmc 4705/10 3 found that apart from the statement of the co- accused, there is no material to connect the petitioner with the offences. Learned Magistrate has also recorded that even those statement of the co-accused connecting the petitioner with the offence, were recorded only on 3/6/2009, much after original statements recorded in 2005. In view of the assertion of the learned Senior counsel appearing for the petitioner that no material is available except the confession statement of the co-accused to connect the petitioner with the offence, learned Public Prosecutor was directed to verify the case diary. 4. Learned Public Prosecutor on such verification submitted that except the confession statement of the co-accused, there is no other material to connect petitioner with Crmc 4705/10 4 the offence. Learned Public Prosecutor also submitted that the final report could be filed within two months. Petition is disposed making it clear that as condition No.3 has already been over, the learned Magistrate shall not refuse to grant permission to the petitioner to go abroad, provided his presence could be assured for the purpose of trial, if an application to that effect is filed. Petitioner is at liberty to approach the learned Magistrate to release the passport and also for permission to go abroad to join his employment in Abudhabi. M.SASIDHARAN NAMBIAR, JUDGE. uj.