IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 Crl.MC.No. 4164 of 2010 (C) ------------------------- (BAIL ORDER DATED 24.7.2009 GRANTED BY THE SESSIONS COURT, KOZHIKODE DIVISION IN CRL.MC.NO.965/2009 .................... PETITIONER: ------------------- ABBAS N.K., AGED 44 YEARS, S/O.MAMMU HAJI, NEELIYATH THAZHA KUNIYIL HOUSE, VILLIAPPALLY PO,VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADVS. SRI.SAJEEVAN KURUKKUTTIYULLATHIL SRI.SAJU JOSE SRI.K.C.BINU RESPONDENTS: ---------------------- SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR, SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4164 OF 2010 =========================== Dated this the 12th day of November,2010 ORDER Petitioner one of the accused in Crime 700/2001 of Vadakara Police Station registered for the offence under sections 343, 307 and 120B read with section 34 of Indian Penal Code and Section 3(1) read with section 27 of Arms Act was granted bail by Sessions Judge, Kozhikode under Annexure A1 order on 24.7.2009, on conditions. The third condition was that petitioner shall appear before the Investigating Officer for two weeks on all days and thereafter on all Mondays between 8 and 10 a.m, till the final report is filed. Condition No.6 was that he shall not leave the jurisdiction of Vadakara Police Station without the previous permission of the Investigating Crl.M.C.4164/2010 2 Officer. Condition No.4 is that petitioner shall surrender his passport or file an affidavit. Petitioner surrendered his passport. Petition is filed under section 482 of Code of Criminal Procedure to delete condition Nos.3, 4 and 6 contending that if the passport is not released, petitioner cannot go abroad and as he has been working in Ajman in UAE as Archives clerk, his source of livelihood will be loss and in such circumstance condition No.4 is to be deleted. Petitioner contended that as he has been complying with the conditions since the date of Annexure A1 order, the conditions are to be lifted. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3.The argument of the learned counsel appearing for the petitioner is that unless the passport is released, petitioner would be deprived of his livelihood and in such circumstances the conditions are to be deleted. Learned Public Crl.M.C.4164/2010 3 Prosecutor on instructions submitted that the investigation is almost over and the final report could not be filed as the other accused could not be apprehended, though he was originally arrested and released on bail. Learned Public Prosecutor also submitted that after the registration of crime in 2001, petitioner absconded and his presence could not be procured for years and he came back only in 2009 and in such circumstances the conditions are necessary. It was also submitted that if the passport is released, petitioner will not be available for trial. 4. Though learned counsel appearing for the petitioner argued that continuation of Condition No.4 would amount to depriving the livelihood of the petitioner, the right of the petitioner has to be balanced in the interest of criminal justice and for the reason that petitioner cannot join his employment in U.A.E, the condition cannot be deleted if it is necessary in the interest of proper investigation or trial. As pointed out by Crl.M.C.4164/2010 4 the Public Prosecutor, it is clear that presence of the petitioner could not be procured as he was out of India for more than eight years. If the passport is to be released at this stage, there is no assurance for his presence for the purpose of trial. In such circumstances, Condition No.4 cannot be deleted as sought for. But in view of the submission that the investigation is almost complete, there is no necessity to continue condition No.3 and 6. Those conditions are lifted. Petition is allowed in part. Condition Nos.3 and 6 of Annexure 1 order is deleted. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006