IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Crl.MC.No. 991 of 2010 -------------------------------- (CRL.M.P. NO. 386/2010 IN CRL.M.C. NO. 1439/2009 OF THE SESSIONS COURT, KOZHIKODE) .................... PETITIONER/ACCUSED: ---------------------------------- HABEEB REHMAN, S/O. MOHAMMED KOYA, KALATHODY HOUSE, THEKKEPADAM, NEAR JAYANTHI ROAD, P.O.NALLALAM, KOZHIKODE. BY ADV. MR.P.V.KUNHIKRISHNAN. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, NALLALAM, KOZHIKODE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.991 OF 2010 ------------------------------------------ Dated 23rd March 2010 O R D E R Petitioner is the accused in C.C.66/2008 on the file of Judicial First Class Magistrate-V, Kozhikode. By Annexure-A order petitioner was granted anticipatory bail on conditions. One condition was that he shall surrender the passport. Other condition was that he shall not leave jurisdiction of Nallalam police station without previous permission of the court, till completion of the trial. Petitioner thereafter filed Crl.M.P.386/2010 to delete said two conditions. By Annexure-C order learned Sessions Judge modified condition No.3 directing the Magistrate to release the passport to the petitioner for a period of Crmc 991/10 2 one month for renewal, on furnishing bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the trial court. Request to delete condition No.5 was rejected. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-C order and delete condition Nos.3 and 5. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. After completing the investigation, final report has already been submitted and learned Magistrate has taken cognizance of the offences. In such circumstances, for the purpose of investigation presence of the petitioner is not necessary. Learned Sessions Judge has released the passport of the Crmc 991/10 3 petitioner for a period of one month, but did not modify condition No.5 directing the petitioner not to leave the jurisdiction of Nallalam police station without permission of the court, and thereby did not grant him permission to go abroad. Learned counsel submitted that the case is now posted to 3/6/2010. If sufficient assurance could be obtained for the presence of the petitioner for the purpose of trial, I find it not justifiable to refuse to give permission to go abroad as period of his visa would expire as stated in Annexure-B petition filed before the learned Sessions Judge. In such circumstances, condition Nos.3 and 5 in the bail order are deleted on the petitioner executing a bond for Rs.1,00,000/- (Rupees One Lakh Only) with solvent sureties Crmc 991/10 4 for the like sum undertaking that petitioner shall appear for trial as and when required. At least one of the sureties shall be a close relative of the petitioner like parents or siblings. Petitioner shall not protract the trial and shall furnish his address at Saudi Arabia as well as address of his counsel to whom notice is to be issued by the investigating officer for his presence. M.SASIDHARAN NAMBIAR, JUDGE. uj.