IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Crl.MC.No. 464 of 2009() ----------------------------------- C.C. NO.551/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM. CRIME NO.13/2007 OF MALAPPURAM POLICE STATION. ............. PETITIONER(S): ACCUSED ---------------------- THAJUDHEEN @ BAVA, S/O.UMMER, AGED 28 YEARS, URUMANCHERY HOUSE, MALAPPURAM AMSOM, KUNNUMMAL ,NEAR WATER TANK, BY ADV. MR.P.VIJAYA BHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE MALAPPURAM POLICE STATION. PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.464 of 2009 ------------------------------------- Dated this the 5th day of February, 2009 ORDER Petitioner faces indictment in a prosecution for the offence punishable under Section 332 I.P.C. The petitioner was enlarged on bail as per order dated 10.01.07 passed by the learned Magistrate subject to conditions. The conditions obliged him to surrender his passport. The passport has been surrendered and the petitioner is now on bail. A period of about more than 2 years has now elapsed. Final report has already been filed. Cognizance has been taken. Charges have been framed against the petitioner by the learned Magistrate. 2. At this juncture, the petitioner applied for return of his passport surrendered by him as per the terms of the bail order. According to the petitioner he needs his passport to go abroad for business purpose. The retention of the passport with the court is fettering the mobility of the petitioner and he is unable to go abroad. Investigation is complete. Final report has already been filed. Charges have already been framed. The petitioner shall make himself available for trial. In these circumstances the passport may be released to the petitioner, it Crl.M.C. No.464 of 2009 2 was prayed. The learned Magistrate by the impugned order rejected the said application. The petitioner is aggrieved by the impugned order. The petitioner reiterates the contention that his passport may be returned to him subject to any appropriate conditions. The learned counsel for the petitioner points out that on an earlier occasion, the passport was released to the petitioner on condition that he must surrender it back after 15 days. Cash security was offered by him to facilitate the release of his passport. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the anxiety of the State is only to ensure that the petitioner shall be available for trial. Subject to appropriate conditions, the State has no objection against the release of the passport to the petitioner. 4. I am, in these circumstances, satisfied that the passport of the petitioner can be released to him subject to appropriate terms and conditions. 5. In the result: a) This Crl.M.C is allowed; b) The impugned order is set aside; c) Passport surrendered by the petitioner shall be released to him on the following terms and conditions: Crl.M.C. No.464 of 2009 3 i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate undertaking to produce the passport back before the court below within a period of 3 months from the date on which the passport is released to him; ii) He shall make a cash deposit of Rs.20,000/- (Rupees Twenty thousand only) as cash security. If already an amount of Rs.20,000/- is available in deposit as cash security while releasing the passport earlier, no further amount need be deposited; iii) The petitioner shall furnish to the learned Magistrate the address of his counsel on whom notice must be served if the learned Magistrate wants the presence of the petitioner before the expiry of the period of 3 months. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-