IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 Crl.MC.No. 1158 of 2009(B) ---------------------------- (AGAINST ORDER IN CRL.M.P.4144/08 IN CRL.M.C.1084/08 OF COURT OF SESSIONS JUDGE, ERNAKULAM) .................... PETITIONER(S): ACCUSED NO.14 -------------------------------------- FR.KURIAKOSE MANGALATH, AGED 56 YEARS, S/O. CHANDY SKARIA, MANGALATH HOUSE, MANARKAD P.O., KOTTAYAM DISTRICT. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, (CRIME NO.206/2002, THOPPUMPADY POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1158 OF 2009 = = = = = = = = = = = = = = = Dated this the 2nd day of April, 2009. O R D E R This petition is filed by the petitioner for release of the passport in order to visit United States of America to attend some function. It is submitted that he wants to visit States for fixing the marriage of his 4th daughter and participate in the conduct of the Baptism of the 2nd son of the petitioner's first daughter. The petitioner is involved in a case where he is alleged to have committed offences u/Ss.372, 373, 292, 120(B) IPC and S.3(1), 4(1), 5(1), 6(1), 6(3) and 9(1) of Immoral Traffic Prevention Act and u/s 4 of the Indecent Representation of Women Prohibition Act. He is accused No.14. The learned Sessions Judge had granted bail and had further directed that he shall not leave the State of Kerala and shall surrender the passport. Now the investigation is in progress and the questioning of the present accused is also over. He wants to visit the States for participating in two functions of his family and he assures that he will not be Crl.M.C. 1158 OF 2009 -:2:- staying there for more than six months at a time. So taking into consideration all these aspects I am inclined to direct the Court below to release the passport so as to enable him to visit United States of America on the following conditions. (1) He shall deposit a sum of Rs.1,00,000/- before the Court below as a security. (2) He shall file an affidavit before the Court below regarding the date of his departure as well as his arrival back before the return of the passport. (3) He shall furnish his address where he is going to stay in America and he shall make it very clear in the affidavit that he will not stand in the way of trial by his absence and he will attend the Court as and when required by the Court. When these conditions are satisfied I direct the Court below to release the passport and permit him to visit United States of America for a period not longer than six months. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-