IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Crl.MC.No. 870 of 2010() ------------------------------------ (CRIME NO.266/09 OF NEDUMBASSERY POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ GHACHI MOHAMMED FARUK ABOO JAMAL, AGED 47, S/O.ABOO JAMAL, 204, GOKUL APARTMENTS, NAYA NGR, MIRA ROAD, EAST THANE. BY ADV. MR.RAJESH VIJAYAN RESPONDENT(S): ---------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.870 OF 2010 ------------------------------------------ Dated 19th March 2010 O R D E R By Annexure-A5 order this court granted bail to the petitioner, first accused in crime No.266/2009 of Nedumbassery police station, on conditions. One of the conditions was that petitioner shall report before the investigating officer on all Wednesday. Petitioner filed Crl.M.P.664/2010 for permission to go abroad, contending that he has to see his son who is in USA. By Annexure-A4 order learned Magistrate dismissed the petition finding that if permission is granted it would be varying the conditions in Annexure-A5 order. This petition is filed under Section 482 of Code of Criminal Procedure to grant permission to go to USA and return within 15 days. Crmc 870/10 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that investigation is completed and draft charge is also ready and in such circumstances, for the purpose of investigation presence of the petitioner is not necessary. In such circumstances, there is no necessity for the petitioner to appear on all Wednesday as stated in Annexure-A5 order. If so, petitioner could be permitted to go to USA for some days as sought for. Petition is allowed. Petitioner is permitted to go to USA on filing an affidavit before the learned Magistrate undertaking to return within a time to be Crmc 870/10 3 specified in the affidavit. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.