IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Crl.MC.No. 2784 of 2009() -------------------------------------- CMP.NO.2336 OF 2009 OF SESSIONS COURT, KOZHIKODE ...... (CRIME NO.237/2009 OF NALLALAM POLICE STATION, KOZHIKODE) PETITIONER(S): ------------------------- RASHID KONTHANARI KOYA, AGED 23 YEARS, S/O.MAMMED KOYA, KONTHANARI VALAPPIL HOUSE, MATHRA M.G.NAGAR, POST GOVERNMENT ARTS COLLEGE, KOZHIKODE. BY ADV. MR.MANJERI S.SUNDERRAJ RESPONDENT(S): --------------------------- STATE OF KERALA REP. BY STATION HOUSE OFFICER, NALLALAM POLICE STATION, KOZHIKODE. (CRIME FIR NO. 237/2009) REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2784 OF 2009 =========================== Dated this the 29th day of September,2009 ORDER Petitioner is the fourth accused in Crime 237/2009 of Nallalam Police Station registered for the offence under sections 323,324,340,406,498A and 506(i) IPC. Shreeja the wife of the brother of the petitioner is the de facto complainant. Petitioner filed CMP 2336/2009 before Sessions Court, Kozhikode for permission to go abroad, for taking employment in Jeddah. It was rejected under Annexure I order. This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure I order and for return of the passport produced by the petitioner before the court for availing bail and also for permission to go abroad. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. Learned counsel pointed out that learned Sessions Judge has not properly appreciated the facts and wrongly took the petitioner as the husband of the de facto complainant, when he is only the brother-in- Crl.M.C.2784/2009 2 law of the de facto complainant. It is submitted that petitioner is implicated only because he is the brother of the husband of the de facto complainant and unless the passport is returned and he is permitted to go abroad, he cannot eke his livelihood and in such circumstance permission as sought for is to be granted after quashing Annexure I order. 4. Learned Public Prosecutor submitted that petitioner is not the husband of the de facto complainant and he is only the brother of the husband. Learned Public Prosecutor submitted that presence of the petitioner is to be assured for trial, in case cognizance is taken on the final report to be filed. 5. Considering the fact that petitioner is not the husband of the de facto complainant and the final report is yet to be filed, I find that refusal to grant permission to the petitioner to go abroad or also the refusal to return the passport to enable him to go abroad is not justifiable. With sufficient conditions the passport could be returned and petitioner could be permitted to go abroad. 6. Judicial First Class Magistrate/Sessions Judge, Kozhikode is directed to return the passport of the petitioner produced by the petitioner to avail bail in Crime 237/2009 of Nallalam Police Station, on the Crl.M.C.2784/2009 3 petitioner filing an undertaking to appear before the court as and when directed and would co-operate with the investigation. Petitioner is permitted to go abroad on executing a bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the learned Magistrate undertaking that he would appear as and when directed and notice on his behalf could be served on his counsel, who is to be named before the learned Magistrate. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006