IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 CRL.MC.NO. 285 OF 2011() ---------------------------------------- (CRL. M.P. NO.79 OF 2011 IN CRL. M.C.NO.1465 OF 2010, SESSIONS COURT, KOZHIKODE) PETITIONER(S): ---------------------- O.P.HARIS,S/O.AMMED,OTTAPPILAKKUL HOUSE,AROOR AMSOM DESOM VADAKARA TALUK KOZHIKODE DIST BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): ------------------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SHRI V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.285 of 2011 ==================================== Dated this the 08th day of February, 2011 O R D E R Petitioner is the 7th accused in Crime No.594 of 2010 of Nadapuram police for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code (for short, “the IPC”) (learned counsel for petitioner submits that Section 308 of the IPC was incorporated later). Petitioner was granted bail on 19.11.2010 subject to conditions which included that he shall surrender his passport in the trial court. Accordingly petitioner surrendered the passport. Later in connection with employment abroad he wanted to go abroad and for that purpose requested learned Sessions Judge vide Crl. M.P. No.79 of 2010 to release the passport. That application was dismissed by the learned Sessions Judge as per Annexure-A3, order dated January 19, 2011. That order is under challenge. It is stated that petitioner is aged 26 years and that he has been falsely implicated in the case. It is also submitted that if the passport is not released, petitioner may lose his job. I have heard learned Public Prosecutor also. Learned Public Prosecutor submitted that investigation is almost completed but charge sheet CRL.M.C. No.285 of 2011 -: 2 :- could not be filed since wound certificate and site plan are not obtained. Investigating Officer has an apprehension that if petitioner is permitted to go abroad he will not return. It would appear from the submissions of learned Public Prosecutor that presence of petitioner is not essential for investigation purpose. It may take some time for committal of the case and for commencement of trial. 2. Having regard to the facts and circumstances of the case I am inclined to permit petitioner to go abroad for a period of three months from the date of release of passport to him or until his presence is required for investigation, committal or trial of the case whichever is earlier. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-A3, order is set aside and Crl. M.P. No.79 of 2011 is allowed in the following lines: i. Petitioner is permitted to go abroad for a period of three months from the date of release of passport to him or till his presence is required for investigation, committal or trial of the case, whichever is earlier. CRL.M.C. No.285 of 2011 -: 3 :- ii. The direction that petitioner shall report to the Investigating Officer will stand in abeyance during the said period. iii. Passport surrendered by the petitioner shall be released to him subject to the following conditions: (a) Petitioner shall execute a bond in the committal court for `.2,50,000/- (Rupees Two lakhs and Fifty thousand only) with two sureties for the like sum each undertaking to appear before the committal/ trial court or the Investigating Officer as the case may be as and when required, and at any rate, on the expiry of the said period of three months. (b) Petitioner shall file affidavit in the trial court stating the name, address and contact telephone number of his counsel in the trial court. A copy of the affidavit shall be given to the officer investigating the case. The address and contact telephone number of petitioner abroad shall be intimated to the Investigating Officer within two weeks from the date of his leaving the country. CRL.M.C. No.285 of 2011 -: 4 :- (c) Petitioner shall as and when he is informed either directly or through counsel, appear before the committal/trial court failing which it will be open to the court concerned to cancel the bond and initiate necessary action. (d) It is made clear that the bond executed as aforesaid is in addition to the bail bond already executed by petitioner. THOMAS P. JOSEPH, JUDGE. vsv