IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Crl.MC.No. 3561 of 2009() ------------------------------------- AGAINST THE ORDER IN CMP. 2763/2009 IN CRL.MC. 931/2009 OF THE SESSIONS COURT, KOZHIKODE. .......... PETITIONER(S): ACCUSED NO.1 -------------------------- VINODAN, S/O. BHASKARAN, AGED 39 YEARS, KIZHAKE PUTHIYOTTIL, ONCHIYAM AMSOM DESOM OF VADAKARA TALUK, BY ADV. MR.ZUBAIR PULIKKOOL RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3561 OF 2009 ------------------------------------------ Dated 18th November 2009 O R D E R Petitioner is the first accused in crime No.24/2009 of Chombala police station registered for the offence under Section 498 A read with Section 34 of Indian Penal Code. It is submitted that a final report has already been submitted before the learned Magistrate. Petitioner was granted bail by Sessions court, Kozhikode by Annexure-II order in Crl.M.C.931/2009 on conditions. One of the condition was that petitioner shall surrender his passport before the learned Magistrate. Another condition was that he shall not leave the jurisdiction of Chombala police station without the previous permission of the investigating officer. Petitioner filed Crl.M.C. 931/2009 to delete said conditions along with the condition directing him to appear before the investigating officer till a final report is filed. As final report is filed, now the said condition no more subsistence. Question in the petition is only with regard to conditions Nos.3 and 5. Petitioner Crmc 3561/09 2 contended that as directed in Annexure-II order he has already surrendered the passport and he is employed in Iraq and period of his visa will expire and unless the passport is released and he is permitted to join duty, he will loose his employment and in such circumstances, the conditions are to be modified. Learned Sessions Judge dismissed the petition holding that if the conditions are deleted petitioner will go out of India and if that be so, he will not be available for trial and petitioner could very well settle the dispute with his wife. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-III order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Allegation against the petitioner is that he committed an offence under Section 498 A of Indian Penal Code. As final report has already been filed before the court, there is no necessity for the petitioner to appear before the investigating officer hereafter. At the same time petitioner shall be available for trial. As pointed out by the learned counsel appearing for the petitioner, for completing the trial it may take years. If petitioner is to be restrained from Crmc 3561/09 3 leaving India by retaining the passport with the Magistrate, it would tantamount to denial of his livelihood. What is to be assured is only the presence of the petitioner only at the time of trial. If petitioner could assure the same, I find no reason why the passport is to be retained with the Magistrate and thereby deny him his livelihood. Petition is allowed. Judicial First Class Magistrate, Vatakara is directed to release the passport of the petitioner produced before the court, as directed by the Sessions Judge in Annexure-II order on the following conditions. Petitioner shall execute a bond with two solvent sureties for Rs.50,000/- each, out of which one surety must be a close relative of the petitioner like parents or sibling, undertaking that he will appear before the Magistrate for the purpose of trial. If bond is executed and consequently passport is released, petitioner is permitted to leave India, so that he can join his employment. M.SASIDHARAN NAMBIAR, JUDGE. uj.