IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Crl.MC.No. 3069 of 2009 --------------------------------------- CMP.1815/2009 IN CC.388/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), MANJERI .................... PETITIONER/PETITIONER/ACCUSED: ABDUL NAZIR, S/O.MOHAMMED THOPPACHERI, MEETHEL VEETTIL, KONDOTY, THURAKKAL P.O., MALAPPURAM DISTRICT-673 638. BY ADV. SRI.K.M.FIROZ RESPONDENT/STATE: THE STATE OF KERALA, REP. BY THE STATION HOUSE OFFICER, KONDOTY POLICE STATION, MALAPPURAM DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3069 of 2009 -------------------------- ORDER Petitioner is the accused in C.C.No.388/2009 on the file of Judicial First Class Magistrate's Court-II (Forest Officences), Manjeri. A non bailable warrant was pending against the petitioner. Petitioner surrendered before the Magistrate and under Annexure-A4 order, he was released on bail on conditions. One of the conditions was to surrender his passport. This petition is filed under Section 482 of Code of Criminal Procedure to quash the condition to surrender the passport, contending that petitioner's wife is in Behrain and she is in an advanced stage of pregnancy and his presence at Behrain is necessary and unless he is permitted to join duty, he will loose his employment. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Case against the petitioner is that he committed the offences under Sections 323 and 506(i) of CRMC 3069/09 2 Indian Penal Code. Learned counsel appearing for the petitioner submitted that petitioner is prepared to file a petition for recording evidence in the case in his absence, treating the presence of his counsel as his presence and undertaking that he will not challenge his identity at the time of trial or the evidence so recorded and the condition to surrender the passport may be lifted and he may be permitted to leave India. 4. Considering the nature of the offences, if petitioner files an application under Section 205 of Code of Criminal Procedure, undertaking not to dispute his identity and that he will not challenge the evidence recorded in his absence, treating presence of his counsel as his presence, the condition to surrender the passport will stand lifted and petitioner is permitted to leave India. Petition is disposed. 1st October, 2009 (M.Sasidharan Nambiar, Judge) tkv