IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Crl.MC.No. 1606 of 2010() ------------------------- CC.350/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONER(S): ACCUSED ---------------------- MAVILA MURALI, S/O. NARAYANAN NAMBIAR, DRIVER, MAVILA HOUSE, KEEZHOOR AMSOM DESOM, IRITTY P.O., THALASSERY, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.REKHA C. NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== CRL. M.C. No.1606 of 2010 ==================================== Dated this the 6th day of May, 2010 O R D E R This petition is filed under Section 482 of the Code of Criminal Procedure requesting to delete condition Nos.2 and 3 in the impugned order. Petitioner is accused in C.C. No.350 of 2010 of the court of learned Judicial First Class Magistrate, Mattannur for offences punishable under Sections 279, 337 and 304A of the Indian Penal Code. According to the petitioner he was abroad and hence he could not appear in the trial court. He was granted bail as per Annexure-I, order dated 24.4.2010 subject to conditions which included that he shall surrender his passport and shall not leave the jurisdiction of the court below without obtaining prior permission of that court. Grievance of petitioner is that since period of his Visa is expiring on 25.5.2010 he has to go abroad for the purpose of renewal of the Visa and hence condition Nos.2 and 3 may be lifted. 2. I have heard learned counsel for petitioner and Public Prosecutor appearing for respondents. CRL. M.C. No.1606 of 2010 -: 2 :- 3. Offence alleged against the petitioner is under Sections 279, 337 and 304A, IPC. Learned counsel submits that if the passport is released he can go abroad and come back after renewal of the Visa and will be present on all days on which the prosecution witnesses are summoned for examination. But having regard to the facts and circumstances of the case I do not find reason to lift the conditions. But I make it clear that it will be open to the petitioner to request the learned Magistrate to relax those conditions and release the passport for a particular period enabling him to go abroad and get his Visa renewed and come back within the period specified so that he will take part in the trail of the case and be present in court on the dates prosecution witnesses are examined. Resultantly this petition is disposed of permitting petitioner to approach the learned Magistrate with a request for relaxation of condition Nos.2 and 3 and release the passport for a particular period as may be fixed by the learned Magistrate to go abroad, get the Visa renewed, come back and take part in the trial of the case. Release of the passport shall be subject to the following conditions. CRL. M.C. No.1606 of 2010 -: 3 :- (i) Petitioner shall state the period of stay abroad before the learned Magistrate and furnish his address abroad during such stay abroad. (ii) Petitioner shall undertake that during the period of his absence from court he will be represented by a counsel whose name and address will be furnished before the learned Magistrate. (iii) Petitioner shall, on the expiry of time granted for his stay abroad return to his native place and attend the court regularly and be present on the dates on which the prosecution witnesses are examined unless petitioner files an affidavit admitting his identity as driver of the offending vehicle and he agrees to evidence of the prosecution being recorded in his absence. (iv) Petitioner shall execute a bond for Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the like such each to the satisfaction of the court below undertaking to comply with the above conditions. It is made clear that it will be open to the petitioner to offer the same sureties who have executed bond earlier provided they have land properties worth Rs.2,00,000/- each. CRL. M.C. No.1606 of 2010 -: 4 :- On complying with the above conditions learned Magistrate may consider the request of petitioner for releasing the passport enabling petitioner to go abroad. THOMAS P. JOSEPH, JUDGE. vsv