IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 Crl.MC.No. 202 of 2011() ------------------------ CRL.M.P.NO.77/2011IN CRL.M.C.NO.1720/2010 OF SESSIONS COURT, KOZHIKODE CRIME NO.713/2010 OF NADAPURAM POLICE STATION .................... PETITIONER(S): PETITIONER/ACCUSED NO.7 -------------------------------------- BASHEER,S/O.AMMED,MEETHALE KUTTIYIL HOUSE,KADAMERI.P.O,VILLIAPALLY(VIA), VATAKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,NADAPURAM POLICE STATION, REPRESENTELD BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.202 of 2011 -------------------------------------- Dated this the 21st day of January, 2011. ORDER Petitioner is accused No.7 in Crime No.713 of 2010 of Nadapuram Police Station for offences punishable under Sections 143, 147, 148 and 153A read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act,1908. Petitioner was granted bail by the learned Sessions Judge, Kozhikode subject to certain conditions including that he shall report to the Investigating Officer on every alternative days for a period of one month and thereafter, on all Sundays till trial is over and that he shall surrender his passport in the trial court. Petitioner accordingly surrendered his passport. Now, petitioner who is employed abroad wants to report for duty and he has been asked to report for duty on 10.01.2011 or else he will loose his job. That time is extended till 26.01.2011 vide Annexure-A3. Petitioner therefore filed Crl.M.P.No.77 of 2011 before the learned Sessions Judge to lift the condition and release his passport. That application was dismissed vide Annexure-A4 stating that presence of petitioner is required for trial. Learned counsel for petitioner contends that petitioner is willing to abide by any condition that may be imposed in the matter and if not he will loose his job. 2. I have heard learned Public Prosecutor also who after getting instructions has submitted that of 30 accused some are yet to be apprehended and that the investigation is in the preliminary stage but, for the purpose of investigation presence of the petitioner is not required. Crl.M.C.No.202/2011 2 3. In the circumstances stated above I am inclined to think that it will take some time for the Investigating Authority to complete investigation and submit final report. Trial of the case is also will likely to take some time. In the meantime, there is no reason why petitioner should be prevented from going abroad which may cost his employment. In the circumstances I am inclined to grant relief to the petitioner but subject to stringent conditions so that presence of petitioner in the trial court is ensured. Resultantly this petition is allowed, Annexure-A4, order is set aside and Crl.M.P.No.77 of 2011 is allowed in the following lines: i. Petitioner is permitted to go abroad for a period of six months or till his presence is required for investigation or trial of the case, whichever is earlier. ii. The direction that petitioner shall report to the Investigating Officer is lifted during the said period. iii. Passport surrendered by petitioner shall be released to him subject to the following conditions: (a) Petitioner shall execute bond for `.2,50,000/- (Rupees Two lakhs and Fifty thousand only) with two sureties for the like sum each undertaking to appear before the trial court or the Investigating Officer as the case may be as and when required and directed to do so and at any rate, on the expiry of the said period of six months. Crl.M.C.No.202/2011 3 (b) Petitioner shall file affidavit in the trial court stating the name and contact telephone number of his counsel and the name and contact telephone number of petitioner, abroad. A copy of the affidavit shall be given to the officer investigating the case as well. (c) Petitioner shall as and when he is informed either directly or through counsel, appear before the trial court failing which it will be open to the trial court 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. (e) Learned Judicial First Class Magistrate-I, Nadapuram is directed to release the passport to the petitioner on execution of bond and filing of affidavit as above stated. THOMAS P.JOSEPH, Judge. cks