IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Crl.MC.No. 1091 of 2011() ------------------------------------ CMP. NO.831/2011 IN CRL.MC. NO.67/2011 OF THE SESSIONS COURT, KOZHIKODE. .................... PETITIONER(S): ACCUSED 1 ------------------------------------------- SIJO, S/O.PAULOSE, AGED 30 YEARS, CHIRANDAYATH VEEDU, POST VELAMCODE, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KODENCHERRY POLICE STATION (CRIME 7/11). KOZHIKODE DISTRICT. BY GOVT. PLEADER SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1091 of 2011 -------------------------------------- Dated this the 7th day of April, 2011. ORDER Petitioner is the first accused in Crime No.7 of 2011 of Kodenchery Police Station and C.C.No.86 of 2011 of the court of learned Judicial First Class Magistrate-II, Kozhikode for offences punishable under Sections 341, 323 and 326 read with Section 34 of the Indian Penal Code. Learned Sessions Judge granted petitioner bail subject to conditions and complying with the conditions petitioner executed bond and got released on bail. Thereafter petitioner approached this Court for modification of conditions 4 and 5 since according to petitioner, he has got employment abroad and if he does not join he will lose it. This Court directed petitioner to move the learned Sessions Judge. Accordingly petitioner filed Crl.M.P.No.831 of 2011 (in Crl.M.C.No.67 of 2011) before learned Sessions Judge, Kozhikode in Crime No.7 of 2011 of Kodenchery Police Station. Learned Sessions Judge found that having regard to the circumstances, request for modification of conditions 4 and 5 cannot be allowed and observed that case could be put for day today trial. Learned counsel submitted that petitioner has to join duty abroad by June 5, 2011. He is prepared to abide by any condition that may be imposed by this Court. It is contended that in case of any dispute regarding identity of petitioner during trial petitioner is prepared to appear in court and take part in the trial. I have heard learned Public Prosecutor also. Learned Public Prosecutor submitted that trial could be conducted without Crl.MC No.1091/2011 2 delay. 2. Learned counsel for petitioner states before me that the case is posted for first appearance on May 11, 2011. Naturally it will take some time for the formalities to be complied before the case could be put up for trial. There is no reason why petitioner should be detained at his native place which will only cost him his job. In the circumstances I am inclined to relax the conditions subject to stringent conditions so that trial is not stalled. Resultantly this Criminal Miscellaneous Case is allowed. Annexure -4, order dated March 25, 2011 on Crl.M.P.No.831 of 2011 (in Crl.M.C.No.67 of 2011) of the court of learned Sessions Judge, Kozhikode in Crime No.7 of 2011 of Kodenchery Police Station is set aside, Crl.M.P.No.831 of 2011 is allowed and conditions 4 and 5 imposed by learned Sessions Judge in Annexure-1, order are modified as below, subject to conditions: i. Petitioner is permitted to go abroad for a period of six months from the date of release of passport or till he is directed to appear in court whichever is earlier (and during the said period condition 5 will stand lifted) subject to the following conditions: (a) Petitioner shall execute bond for `.2,50,000/- (Rupees Two lakhs and fifty thousand only) with two sureties for the like sum each to the satisfaction of the trial court undertaking to appear before the trial court on the expiry of the period of six months from the date of release of passport or the trial court directs petitioner to appear before that court whichever is earlier. Crl.MC No.1091/2011 3 (b) Petitioner shall file an affidavit in the trial court that in his absence, he will be defended by a counsel whose name, address and contact number shall be stated in the affidavit and further undertaking that as and when he is directed by the counsel or the court, he will appear in court whenever his presence is required. ii. Petitioner shall within a week from reaching his destination inform the counsel and the Investigating Officer his address and contact number abroad. iii. On compliance of conditions i(a) and i(b) learned Magistrate shall release the passport to the petitioner. THOMAS P.JOSEPH, Judge. cks