IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 Crl.MC.No. 4255 of 2010() ----------------------- CRL.MP. 2737/2010 IN CRL.MC.NO.7/2010 OF SESSIONS COURT, KOZHIKODE CRIME NO. 678/2009 OF FEROKE POLICE STATION ........................................... PETITIONER / ACCUSED : ---------------------------------- RINU M., S/O.MARAKKAR KUTTY, RINU MANZIL, CIVIL STATION, KOZHIKODE. BY ADVS. SRI. P.V. KUNHIKRISHNAN SRI. HANSON P. MATHEW RESPONDENTS / COMPLAINANT & STATE : ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SI OF POLICE, FEROKE POLICE STATION, KOZHIKODE. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4255 OF 2010 --------------------------------------------- Dated 20th October, 2010 O R D E R Petitioner was granted bail on conditions by Sessions Court, Kozhikode in Crime No.678/2009 of Feroke Police Station registered for the offence under Section 3(1) of P.D.P.P Act. Complying with the conditions, petitioner surrendered his passport. He filed Crl.M.P.2737/2010 before the learned Sessions Judge to modify condition Nos.3 and 5, so as to go abroad and for that purpose to release the passport contending that he has already obtained employment and visa. By Annexure-C order learned Sessions Judge modified condition No.5 and rejected the claim for release of the passport. Petition is filed Crmc 4255/10 2 under Section 482 of Code of Criminal Procedure to quash Annexure-C order and to release the passport. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. By Annexure-A order learned Sessions Judge granted bail. Third condition was to surrender the passport. Second condition was that the petitioner shall report before the investigating officer on all alternate days in between 8 a.m and 10 a.m. Fifth condition was that petitioner shall not enter into the limits of Feroke Police Station, without previous permission of the court, except for reporting before the investigating officer. 4. Learned Public Prosecutor submitted that final report has already been submitted Crmc 4255/10 3 and it is now pending as C.C.197/2010 on the file of Judicial First Class Magistrate's Court-V, Kozhikode. Therefore, for the purpose of investigation, presence of the petitioner is not necessary. His presence is thus necessary only for the purpose of trial. If the petitioner is detained, without permitting to go abroad, he will loose his employment. In such circumstances, on sufficient conditions the passport could be released to the petitioner. Petition is allowed. Judicial First Class Magistrate-V, Kozhikode is directed to release the passport to the petitioner, on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the learned Magistrate. Out of the two sureties one Crmc 4255/10 4 shall be a close relative of the petitioner. Petitioner shall furnish his address in foreign country, as well as the address to whom communication is to be sent, if presence of the petitioner is to be procured for the purpose of trial. M.SASIDHARAN NAMBIAR, JUDGE. uj.