IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Crl.MC.No. 3562 of 2009() ---------------------------------- CMP.8854/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): --------------- 1. ITTIRA , AGED 78 YEARS, S/O. ANTONY, VADAKKAN HOUSE, MELOOR KALADY DESOM, MELOOR VILLAGE. 2. PRINCY, AGED 65 YEARS, W/O. ITTIRA, VADAKKAN HOUSE, MELOOR KALADY DESOM, MELOOR VILLAGE. BY ADVS. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, CHALAKKUDY POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- Crl. M.C. No. 3562 of 2009 ------------------------------------ Dated this the 3rd day of December, 2009 O R D E R The prayer in this Criminal Miscellaneous Case is to set aside Annexure D order dated 26.10.2009 in C.M.P. No. 8854/2009 on the file of the Court of the Judicial Magistrate of the First Class, Chalakkudy and to release the passports to the petitioners and to permit them to go abroad for medical treatment for a limited period. 2. The petitioners are accused Nos.2 and 3 in Crime No. 447/2009 of Koratty Police Station. The first accused is the son of the petitioners herein. It is alleged by the prosecution that another son of the petitioners was murdered by the first accused. The allegations levelled against the petitioners is that they committed an offence under Section 201 of the Indian Penal Code. It is alleged that the petitioners knowing or having reason to believe that an offence was committed, caused evidence of the commission of the offence to disappear, with the intention of screening the offender from legal punishment. Crl. M.C. No. 3562 of 2009 2 3. The petitioners had filed Bail Application No.4219/2009 before this Court for the grant of bail. That Bail Application was allowed as per the order dated 29.07.2009. 4. Paragraph five of the order in Bail Application No. 4219/2009, reads as follows: “The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chalakkudy subject to the following conditions:- A) The petitioners shall appear before the Investigating Officer for interrogation as and when required. B) The petitioners shall not enter the limits of Korratty Police Station for a period of two months. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. Crl. M.C. No. 3562 of 2009 3 E. In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.” 5. The passports of the petitioners were seized by the police during investigation. The petitioners filed C.M.P. No.8854/2009 before the Court of the Judicial Magistrate of the First Class, Chalakkudy praying to release the passports. That application was dismissed by the learned Magistrate by the order dated 26.10.2009 holding that release of the passports would have the effect of modifying the conditions of granting bail in Bail Application No.4219/2009. The order passed by the learned Magistrate is challenged in this Crl. Miscellaneous Case. 6. It is stated by the petitioners in paragraph 5 and 6 of the Crl. Miscellaneous Case as follows: “The applicants are green card holders of United States of America. True copy of the Permanent Resident Cards are produced herewith and marked as Annexure B. The applicants are aged persons who are suffering from various ailments. The 2nd applicant is suffering from partial blindness in her right eye and needs urgent treatment in this Crl. M.C. No. 3562 of 2009 4 regard. True copy of the Medical Certificates are produced herewith and marked as Annexure C. The applicants have been treated in the hospitals in U.S.A. Moreover, the applicants being green card holders would be granted free treatment in U.S.A. The applicants informed the investigating Officer about their intention to travel abroad for treatment. It was intimated to the applicants that since bail was granted by the Honourable High Court, it is only with the permission of the Honourable High Court, the applicants could travel abroad. The applicants preferred an application before the Judicial Magistrate of First Class, Chalakkudy in C.M.P.No. 8854 of 2009 praying for release of their passports to enable them to go for treatment. However the learned Magistrate dismissed the application directing the applicants to approach this Honourable court. True copy of the said order is produced herewith and marked as Annexure D.” Crl. M.C. No. 3562 of 2009 5 7. In the facts and circumstances of the case, I am of the view that the prayer made by the petitioners can be allowed on stringent conditions. 8. Accordingly, the passports of the petitioners which were seized by the investigating officer and which were produced before the Court of the Judicial Magistrate of the First Class, Chalakkudy, shall be released to the petitioners to enable them to go to the United States of America and to stay there for a period of three months for their treatment, on the following conditions. 1. The petitioners shall deposit a sum of of Rs. 1,00,000/- ( Rupees one lakh only) each before the Court of the Judicial Magistrate of the First Class, Chalakkudy. 2. The petitioners shall execute bond for Rs. 1,00,000/-(Rupees one lakh only) each before the learned Magistrate undertaking to return to India on or before 31.04.2010. 3. The petitioners shall produce the title deeds in respect of their immovable Crl. M.C. No. 3562 of 2009 6 properties, sufficient enough to the satisfaction of the Judicial Magistrate of the First Class, Chalakkudy to ensure due compliance of the aforesaid undertaking to return to India. 4. If the petitioners fail to return to India on or before 31.04.2010, the deposit of Rs.1,00,000/-(Rupees one lakh only) each made by them shall forthwith to be forfeited, apart from any other proceedings that may be taken by the learned Magistrate in accordance with law. 5. The petitioners shall file separate affidavits before the learned Magistrate indicating their correct and full address and telephone numbers in the United States of America where they propose to stay during the aforesaid period. 6. On their return to India, the petitioners shall produce their passports before the Court of the Judicial Magistrate of the First Class, Chalakkudy on or before 31.04.2010. Crl. M.C. No. 3562 of 2009 7 7. When the petitioners comply with the conditions, return to India within the time stipulated and surrender their passports before Court, the deposit of Rs. 1,00,000/-(Rupees one lakh only) each made by them and the title deeds produced by them shall be returned them. The Annexure D order is set aside and the Crl .M. C. is allowed as above. K.T. SANKARAN, JUDGE. ln