IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.MC.No.1289 of 2009 --------------------------- CRL.M.P.No.741/2009 OF SESSIONS DIVISION, WAYANAD IN CRIME No.347/2006 OF CBCID, KOZHIKODE. .................... PETITIONER/ACCUSED No.3: -------------------------------- SHEELA.CS., @ PAPPA @ SABEENA @ SIMI, AGED 25 YEARS, D/O.CHANDRIKA, KIZHAVOOR JUNCTION, PALODE, PACHA P.O., PERINGAMALA VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY MR.NIREESH MATHEW, ADVOCATE. RESPONDENT/COMPLAINANT: --------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KENICHIRA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY MR. AMJAD ALI, PUBLIC PROSECUTOR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- Crl.M.C.No.1289 OF 2009 --------------------------------------- Dated this the 8th day of April, 2009. O R D E R This petition is filed with a prayer to set aside the order in C.M.P.No.741/2009 in Crime No.347/2006 of CBCID, Kozhikode. One of the conditions is to surrender the passport of the petitioner as a condition precedent for releasing on bail and she is directed to execute a bond for Rs.10 lakhs with two solvent sureties for the like sum. The categorical clear case of the petitioner now before me that she has only one passport which has been irretrievably lost and therefore, she is not in a position to surrender the passport. 2. The court below in its order has observed that the Investigating Agency had informed that she had two passports. Learned counsel would submit that there is no passport at all and she would abide by the conditions and she will report before the Crl.M.C.1289/09 2 Investigating Officer on alternate days as ordered by the court. If a passport is lost, it can be only proved by filing an affidavit to that nature and if it is really lost, one cannot make it as a condition for granting of bail for the reason that it can never be produced. It is also submitted by the learned counsel for the petitioner that the petitioner is having a five months old child and the child is also in the jail along with the mother. 3. On the strong representation by the learned counsel and the assurance that the petitioner will not leave the jurisdiction of the court without the permission of the court, I am inclined to delete the condition of producing the passport on a condition that she files an affidavit before the court concerned that it has been irretrievably lost and that she can be proceeded with if it is proved to be false. The Investigating Agency, if necessary, can inform the authorities of all the three aerodromes in the State about this fact so that her leaving from this State can be curbed. This Crl.M.C is disposed of accordingly. The condition will be released only on filing of the affidavit and she can be Crl.M.C.1289/09 3 permitted to swear the affidavit before the jail authorities who can attest it and send it to the court. M.N. KRISHNAN JUDGE smp Crl.M.C.1289/09 4 M.N.KRISHNAN, J. Crl.M.C. No.1289 OF 2009 O R D E R 08.04.2009