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. 76 of 2011() ----------------------- AGAINST THE ORDER DATED 15/12/2010 IN CMP.3469/2010 IN CMC.1418/2010 of SESSIONS COURT, KOZHIKOE .................... PETITIONER/ ACCUSED ---------------------- MUSTHAFA, S/O.MOOSA HAJEE, AGED 27 YEARS, CHUDAYIL HOUSE, MUDAVANTHERI AMSOM DESOM, VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT/ COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: ADV. 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.76 of 2011 --------------------------------------- Dated this 21st day of January, 2011 ORDER Petitioner is accused in Crime No.582 of 2010 of Nadapuram Police Station for offences punishable under Secs.143, 147, 148, 341, 308, 153A, 364 and 307 r/w 149 of the Penal Code. Petitioner was granted bail by the learned Sessions Judge, Kozhikode as per order in Crl.M.C.No.1418 of 2010 but subject to conditions which included that petitioner shall surrender his passport and a direction to appear before the investigating officer on all days. Petitioner is employed abroad and filed Crl.M.P.No.3469 of 2010 for modification of the conditions and to release the passport. It is stated that petitioner reached his native place on 02.08.2010 and has to re-enter Doha within 180 days of the said date, otherwise his visa will be cancelled. Petitioner has to re-enter Doha on or before 26.01.2011. Learned Sessions Judge was not inclined to lift the conditions and dismissed the application. That order is under challenge. Learned counsel requested that petitioner may be permitted to go abroad so that his visa is not cancelled. It is submitted that petitioner is prepared to return to his native place Crl.M.C.No.76 of 2011 -: 2 :- as and when directed either for investigation or trial of the case. Petitioner is also prepared to abide by any condition this court may impose. 2. Learned Public Prosecutor submitted that of the 50 accused involved in the case, some have already gone abroad. The investigating officer apprehends that if permitted to go abroad, petitioner never return and that would prolong trial of the case. 3. Investigation is still in the preliminary stages. It may take some time for the investigating agency to submit final report. Naturally trial of the case will take some time. In the meantime if petitioner is detained it may cost his employment abroad. In the circumstances petitioner is permitted to go abroad and be there for a period of four months or until his presence is required by the investigating officer or court, for further investigation, inquiry or trial as the case may be. Resultantly this criminal miscellaneous case is allowed, Annexure-A3, order dated December 15, 2010 in Crl.M.C.No.1418 of 2010 of the court of learned Sessions Judge, Kozhikode is set aside and that application is allowed in the following lines: Crl.M.C.No.76 of 2011 -: 3 :- i. Petitioner is permitted to go abroad for a period of four 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 in the trial court for 3,50,000/- (Rupees Three 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 four (4) months. (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 or the 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 Crl.M.C.No.76 of 2011 -: 4 :- bond already executed by petitioner. (e) Learned Judicial First Class Magistrate, 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) Sbna/-