IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Crl.MC.No. 325 of 2011() ------------------------ CRIME NO.196 OF 2010 OF PANDALAM POLICESTATION .................... PETITIONER(S): ACCUSED NO'S 2 AND 3 ----------------------------------- 1. K.M.JOHN, AGED 73 YEARS, S/O.LATE K.J.MAMMEN, `HIS GRACE', GANDHI NAGAR, T.K.DIVAKARAN ROAD, MUTTADA P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 025. 2. ANNAMMA JOHN, AGED 65 YEARS, W/O.K.M.JOHN, `HIS GRACE', GANDHI NAGAR, T.K.DIVAKARAN ROAD, MUTTADA P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 025. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA THORUGH THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.325 of 2011 -------------------------------------- Dated this the 4th day of February, 2011. ORDER Petitioners are accused Nos.2 and 3 in Crime No.196 of 2010 of Pandalam Police Station for offences punishable under Section 498A and 406 read with Section 34 of the Indian Penal Code. Complaint filed by the defacto complainant was referred to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. Police after investigation submitted a final report in the court of learned Judicial First Class Magistrate, Adoor. During the course of investigation petitioners were granted anticipatory bail by this Court as per Annexure-A1, order dated May 27, 2010 with a condition among other things that petitioners shall surrender their passports before the learned Magistrate within seven days of the order. Accordingly petitioners have surrendered their passports. The present application is for release of the passports to enable petitioners to go to Australia to visit their daughter who is working there. Learned counsel submits that petitioners are prepared to appear before the court as and when directed and that there will be no dispute on identity of petitioners in the course of trial. It is also submitted that in their absence their counsel would appear on their behalf in the trial court. Having regard to the nature of offences alleged and the requirement of petitioners I am inclined to allow this petition. Crl.MC No.325/2011 2 Resultantly this petition is allowed in the following lines: Petitioners are permitted to go beyond the country for a period of three months from the date of release of the passports or till their presence is required for investigation or trial of the case, whichever is earlier and the passports surrendered by the petitioners shall be released to them for the said purpose subject to the following conditions: (a) Petitioners shall execute a bond in addition to the bond already executed, for `.2,50,000/- (Rupees Two lakhs and Fifty thousand only) each with two sureties for the like sum each to the satisfaction of the learned Magistrate undertaking to comply with the conditions herein and to return to their native place within the time aforesaid. (b) Petitioners shall file affidavit in the trial court with a copy to the Investigating Officer stating the name, address and contact telephone number of the counsel who will appear and make necessary plea/conduct the case on their behalf in the trial court in case trial commences during the said period of three months. (c) Petitioners shall within a week of their reaching the destination intimate the charging officer and their counsel their address and contact telephone number, abroad. Crl.MC No.325/2011 3 (d) Petitioners shall appear before the Investigating Officer or the court as the case may be as and when called upon during the said period of three months. (e) The undertaking made by the petitioners that they will not challenge their identity in the course of trial in their absence shall form part of the affidavit directed to be filed in the trial court as above stated. (f) In case any of the conditions is violated, the bond executed will stand forfeited and it will be open to the learned Magistrate to initiate consequent action. (g) Learned Judicial First Class Magistrate, Adoor shall release the passports to the petitioners on execution of bond and filing of affidavit in the trial court as above stated. THOMAS P.JOSEPH, Judge. cks