IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Crl.MC.No. 4082 of 2009() ------------------------------------- CMP.NO.3371/2009 IN CRL.MC.NO.1162/2009 OF SESSIONS COURT,KOZHIKODE ..... (CRIME NO.663/2009 OF VADAKARA POLICE STATION) PETITIONER(S): ACCUSED: ---------------------------------------- T.M.RABITH, AGED 33 YEARS, S/O.POCKER HAJI, THAZHATHU MADATHIL HOUSE, ARAVUKKUL THAZHE, VILLIAPALLI P.O., VADAKARA TALUK. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION, REPRESENTED 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 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.4082 OF 2009 ------------------------------------------ Dated 14th January 2010 O R D E R Petitioner is the accused in Crime No.663/2009 of Vatakara police station registered for the offences under Sections 324 and 308 of Indian Penal Code. By Annexure-A1 order, he was released on bail on conditions. One of the condition is that he shall surrender his passport and shall not leave the jurisdiction of Vatakara police station without previous permission of the investigating officer. He was also directed to report before the investigating officer on all days in between 8 and 10 a.m for a period of two weeks and thereafter on all Mondays, till the final report is filed. Petitioner filed Crmc 4082/09 2 Crl.M.P.3371/2009 before the Sessions court for modifying the condition and to permit him to go abroad contending that as he is employed, if he is not permitted to go abroad, it would affect his livelihood. 2. By Annexure-A3 order learned Sessions Judge allowed the petition in part. But none of the conditions were modified and it was only found that if period of passport is to expire, petitioner could take steps to renew the passport. This petition is filed under Section 482 of Code of Criminal Procedure to lift condition Nos.2,3 and 5 in Annexure-A1 order. 3. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 4. Learned Public Prosecutor submitted Crmc 4082/09 3 that though investigation is not completed, it is almost over and final report could be filed without much further delay. Learned Public Prosecutor submitted that though an offence under Section 308 of Indian Penal Code is also alleged, it is based on the allegation that if the injured had not evaded, when the petitioner hit him with a stone, it would have caused his death and the injury is not grievous. In the nature and circumstances of the case, it is not in the interest of justice to prevent the petitioner from going abroad and thereby cause loss of his employment in Gulf. On sufficient undertaking, petitioner could be permitted to go abroad and for that purpose the conditions could be modified or lifted. 5. If the investigating officer wants to interrogate the petitioner further he could Crmc 4082/09 4 be directed to be present before the investigating officer on particular days before he leaves India. If petitioner is to be permitted to go abroad, there should be sufficient assurance that he would be available for trial. Petition is disposed lifting condition Nos.2 and 5. The petitioner is entitled to get the passport released from the Magistrate on the following conditions. 1) petitioner shall appear before the investigating officer on 21/1/2010, 22/1/2010 and 23/1/2010 between 10 and 12 a.m. Investigating officer shall interrogate him, if necessary on those days. Petitioner shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum before the Magistrate, undertaking Crmc 4082/09 5 to return to India and will be available for trial as and when required in this case. On execution of bond, passport shall be released to the petitioner. Petitioner is permitted to leave India for six months from the date of the release of the passport and shall appear before the Magistrate within six months from that day. Petitioner shall also furnish his address in the Gulf country as well as the address of his counsel, to whom notice is to be issued, if warranted, by the investigating officer for his appearance. M.SASIDHARAN NAMBIAR, JUDGE. uj.