IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Crl.MC.No. 2151 of 2008() ------------------------- BAIL APPLICATION NO.579/07 IN CRIME NO.284/02 OF KONDOTTY POLICE STATION .................... PETITIONER: ------------ V.B.MOHAMMED KUTTY, S/O. BAPPU, RESIDING AT VATTAPARAMBIL HOUSE, P.O. KADANGODU, VIA KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE KONDOTTY POLICE STATION, KONDOTTY, MALAPPURAM DISTRICT. 2. SUPERINTENDENT OF POLICE CRIME BRANCH,PALAKKAD. 3. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURET OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2151 of 2008 ------------------------------------- Dated this the 10th day of June, 2008 ORDER Petitioner is the 4th accused in a crime registered alleging offences punishable, inter alia, under Section 120 B and 384 r/w 34 I.P.C. Investigation in that crime is complete. Final report has not been filed. The investigator is awaiting necessary sanction from the Government of India in respect of one of the accused, it is submitted. 2. The petitioner herein was arrested and released on bail. He was released on bail subject to conditions. One of the conditions imposed was that he must surrender his passport. The passport of the petitioner has been remaining in the custody of the court for a long period of time. The petitioner has taken back the passport and re-produced the same before the learned Magistrate on a couple of occasions. The petitioner claims to be a businessman, who has to travel to destinations abroad frequently in connection with his business. The learned counsel for the petitioner contends that the final report has not been filed even after elapse of a considerably long period of time. It is inexpedient now to insist that the passport must be retained in Crl.M.C. No.2151 of 2008 2 the court's custody. It may be directed to release the passport to the petitioner subject to any appropriate terms and conditions. It is further prayed that the condition imposed regarding appearance before the investigator may also be deleted now. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only submits that appropriate and strict conditions may be imposed. 4. Having considered all the relevant inputs including the history of this case, I am satisfied that the passport of the petitioner, which is now in the custody of the learned Magistrate, can be released to the petitioner subject to appropriate terms and conditions. 5. In the result, this Crl.M.C is allowed. The passport shall be released to the petitioner on the following terms and conditions. i) The petitioner shall execute a bond for Rs.10 lakhs (Rupees Ten lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate undertaking to appear before the learned Magistrate in person and surrender the passport to the learned Magistrate within 30 days of the date on which notice to that effect is served on his counsel. In the bond, he must specifically undertake to do the same. He must also Crl.M.C. No.2151 of 2008 3 name his counsel to whom notice is to be given in the bond to be executed by him. The learned Magistrate, in the facts and circumstances of this case, shall scrupulously insist and ensure that the sureties offered are sufficient and solvent. ii) The condition that the petitioner must make himself available before the Investigating Officer twice in a month shall also now stand deleted in view of the submission that the investigation is already completed. However, it is directed that the petitioner shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. Such notice in writing can also be given to the counsel specified by the petitioner. (R.BASANT, JUDGE) rtr/-