IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Crl.MC.No. 817 of 2011() ------------------------ CRL.M.P.NO.523/2011 IN CRL.MC NO.1761/2010 OF SESSIONS COURT, KOZHIKODE CRIME NOP.370/2010 OF KODENCHERY POLICE STATION PETITIONER(S): ACCUSED ---------------------- SAINUL ABIDHEEN, AGED 39, S/O.MOOSA, KUDUKKIL HOUSE, KUDUKKIL UMMARAM, THAMARASSERY, KOZHIKODE. BY ADV. SRI.P.K.IBRAHIM SRI.UDAYAKUMAR SREEDHARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, KODENCHERY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.817 of 2011 -------------------------------------- Dated this the 24th day of March, 2011. ORDER The first accused in Crime No.370 of 2010 of Kodencherry Police Station is the petitioner before me. He along with others are accused of offences punishable under Sections 143, 147, 148, 332, 395 and 307 read with Section 149 of the Indian Penal Code and Sections 20 read with 27 of the Indian Arms Act. Allegation is that on 23.12.2010 at about 9.45 a.m. petitioner and others formed unlawful assembly, refused to stop the vehicle in which they were travelling as required by the Police Officers, attempted to cause their death by rash and negligent driving and obstructed them from discharging their official duty. It is alleged that petitioner and others carried a pistol. Learned Sessions Judge, Kozhikode granted bail to the petitioner as per Annexure-A2, order imposing conditions among other things that petitioner shall report to the Investigating Officer on the dates mentioned therein and shall surrender his passport. Petitioner states that he complied with the said condition in letter and spirit. Later, petitioner filed Crl.M.P.No.523 of 2011 (in Crl.M.C.No.1761 of 2010) before learned Sessions Judge to delete conditions 2 and 5 (regarding surrender of passport and appearance before the Investigating Officer) since according to the petitioner, he is the marketing manager of a company abroad. His family is staying there and his children also are studying there. Hence he has to go abroad at times. Learned Sessions Judge as per Annexure-A8, order Crl.MC No.817/2011 2 dated March 5, 2011 dismissed the petition observing that though petitioner claimed that he has got multi-purpose visa, the same and the relevant travel documents are not produced before the court and that petitioner is an accused in a case involving serious offences. Annexure-A8, order passed by the learned Sessions Judge is under challenge. 2. Learned counsel submits that since petitioner is the marketing manager of a company abroad, his family is staying there and his children are being educated at that place it is necessary for him to go abroad at times. My attention is drawn to Annexure-A6, a certificate issued from the institution where according to the petitioner his children are studying. There, it is stated that in order to up-date the students' documents and collection of report cards, presence of the father is required in that country by Monday, March 28, 2011, otherwise the children will not be able to continue their studies in the said school. Learned counsel submits that it is under pressing circumstances that petitioner moved the petition to lift the condition. Petitioner is prepared to execute bond and would report to the Investigating Officer as and when directed by this Court. Learned Public Prosecutor submitted that having regard to the gravity of offences attributed to petitioner it is not appropriate to lift the condition and if so done petitioner may not be available for trial. Crl.MC No.817/2011 3 3. On hearing learned Public Prosecutor it would appear that investigation of the case is not completed and that it may take some time for submission of the final report. It is seen from Annexure-A6 that presence of the petitioner is required in Riyadh on March 28, 2011. Since he is working as marketing manager at that place and his family is staying there, it may be necessary for him to go to that place occasionally. In these circumstances I am inclined to modify conditions 2 and 5 imposed by the learned Sessions Judge. Resultantly this petition is allowed. Conditions 2 and 5 imposed by the learned Sessions Judge, Kozhikode as per Annexure-A2, order dated January 4, 2011 in Crl.M.C.No.1761 of 2010 (in Crime No.370 of 2010 of Kodencherry Police Station) to the extent it concerned petitioner is modified as under: Petitioner is permitted to go abroad and for the said purpose his passport shall be released by the court which is in custody of the same subject to the following conditions” i. Petitioner shall report to the Officer investigating the case on every alternative second Saturdays between 9 a.m. and 6 p.m. till trial of the case is over (as directed by the learned Sessions Judge). Crl.MC No.817/2011 4 ii. Petitioner shall execute a bond for Rupees five lakhs with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate-I, Thamarassery undertaking to comply with the above condition. iii. It is directed that in case condition regarding reporting before the Investigating Officer is violated bond executed by the petitioner will stand forfeited and it will be open to the learned Magistrate to initiate consequent action. iv. On the bond being executed as aforesaid, the passport shall be released to the petitioner. THOMAS P.JOSEPH, Judge. cks