IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 CRL.MC.NO. 237 OF 2011() -------------------------------------- (CRL. M.P.NO.1798 OF 2010 IN CRL. M.C. NO.1278 OF 2010, SESSIONS COURT, MANJERI) PETITIONER(S): ----------------------- DR.SABIRA.P.T, AGED 40, W/O.SALAM, KUMATH HOUSE, PERIYAMBALAM, PULIKKAL P.O., ERNAD TALUK, KOZHIKODE, (KONDOTTY POLICE STATION LIMIT). BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, TIRURANGADI POLICE STATION. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.237 of 2011 ==================================== Dated this the 02nd day of February, 2011 O R D E R Accused No.2 in Crime No.798 of 2010 of Tirurangadi police station is the petitioner before me challenging Annexure-4, order dated January 06, 2011 in Crl. M.P. 1798 of 2010 in Crl. M.C. No.1278 of 2010 of the court of learned Sessions Judge, Manjeri. Petitioner, along with another is accused of offence punishable under Section 420 read with Section 34 of the Indian Penal Code. Petitioner was granted anticipatory bail as per order dated December 14, 2010 in Crl. M.C. No.1278 of 2010 subject to certain conditions which included that she shall surrender her passport in the trial court. Accordingly petitioner surrendered the passport. In order to visit China for one month she requested learned Sessions Judge vide Crl. M.P. No.1798 of 2010 to release the passport. That application was dismissed by the learned Sessions Judge since investigation is not completed. Learned counsel submitted that petitioner is prepared to comply with any condition. I have heard learned Public Prosecutor also. 2. Having regard to the facts and circumstances of the CRL.M.C. No.237 of 2011 -: 2 :- case I am inclined to permit petitioner to go abroad for a period of one month from this day or until her presence is required for investigation or trial of the case whichever is earlier. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-4, order is set aside and Crl. M.P. No.1798 of 2010 is allowed in the following lines: i. Petitioner is permitted to go abroad for a period of one month from the date of release of passport to her or till her presence is required for investigation or trial of the case, whichever is earlier. ii. The direction that petitioner shall report to the Investigating Officer will stand in abeyance during the said period. iii. Passport surrendered by petitioner shall be released to her subject to the following conditions: (a) Petitioner shall execute a bond for `.2,00,000/- (Rupees Two lakhs 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 directed to do so and at any rate, on the expiry of the said period of one month. CRL.M.C. No.237 of 2011 -: 3 :- (b) Petitioner shall file affidavit in the trial court stating the name, address and contact telephone number of her counsel in the trial court. A copy of the affidavit shall be given to the officer investigating the case. The address and contact telephone number of petitioner abroad shall be intimated to the Investigating Officer within one week from the date of her leaving the country. (c) Petitioner shall as and when she is informed either directly or through counsel, appear before the trial court/Investigating Officer 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. THOMAS P. JOSEPH, JUDGE. vsv