IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Crl.MC.No. 124 of 2010() ------------------------ AGAINST THE ORDER IN CRMP.203/09 IN LP.30/00 IN SC.322/1999 of II ADDL. ASSISTANT SESSIONS COURT, THRISSUR .................... PETITIONER(S): 5TH ACCUSED -------------------------------------------- SIDDIQUE, S/O.KERANTAKATH KOYAMON, KADAPPURAM DESOM, THIRUVATHRA, PUTHANKADAPPURAM, CHAVAKKAD TALUK. BY ADV. SRI.R.RAMADAS RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.Y. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 124 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking modification of one of the conditions imposed while granting bail. 2. Petitioner was the accused in S.C. No.85 of 1996 on the file of the Assistant Sessions Court, Thrissur for the offences punishable under Sections 143, 147, 148, 323, 324, 452 and 307 read with Section 149 Indian Penal Code. Petitioner absconded and the case against him was split and included in the long pending register. Later, he was apprehended, remanded and thereafter bail was granted. While granting bail, a condition was imposed to surrender the passport of the petitioner. Petitioner has approached this court seeking that the passport may be released to him so that he can go to the place of his employment abroad in time. CrlM.C.124/2010. 2 3. Considering the past conduct of the petitioner, it will not be possible for this court to accede to the request made by the petitioner. Apart from the fact that he was absconding for a long time, there is also the fact that the offences are of serious nature. It is true that the other accused have been acquitted. But nothing prevented the petitioner from moving the court below for an early trial of the case against him. Considering the various aspects of the case, it is felt that release of passport of the petitioner to enable him to go abroad will make the trial of the case virtually impossible. Reserving the liberty of the petitioner to move the court below for an early trial, which the court will consider sympathetically, this petition is dismissed. P. BHAVADASAN, JUDGE sb.