IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 CRL.MC.NO. 177 OF 2011() --------------------------------------- CMP.2493/2010 OF SESSIONS COURT, KOZHIKOE .................... PETITIONER(S): ACCUSED 1 ------------------------------------------ SUBHASH, S/O.DASAN, AGED 34 YEARS, NAVATH HOUSE, CHERODE P.O. VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.177 of 2011 ==================================== Dated this the 28th day of January, 2011 O R D E R Petitioner is accused No.1 Crime No.316 of 2009 of Payyoli police for offences punishable under Sections 406, 354 and 498A read with Section 34 of the Indian Penal Code. Learned Sessions Judge granted anticipatory bail to the petitioner subject to conditions which included that he shall surrender his passport in the trial court. Accordingly petitioner surrendered the passport. Later petitioner got employment abroad and requested learned Sessions Judge vide Crl. M.P. No.2493 of 2010 to release the passport. That application was dismissed by the learned Sessions Judge as per Annexure-III, order dated September 23, 2010 for the reason that investigation is completed, final report is already filed and trial of the case could be expedited. Learned counsel submitted that the de facto complainant has filed a protest complaint against the final report and it is not likely that trial of the case will be concluded immediately. It is submitted that if the passport is not returned, petitioner my lose his job. I have heard learned Public Prosecutor also. CRL.M.C. No.177 of 2011 -: 2 :- 2. Having regard to the facts and circumstances of the case I am inclined to permit petitioner to go abroad for a period of six months from this day or until his presence is required for investigation or trial of the case whichever is earlier. Resultantly, this Criminal Miscellaneous Case is allowed, Annexure-III, order is set aside and Crl. M.P. No.2493 of 2010 is allowed in the following lines: i. Petitioner is permitted to go abroad for a period of six months from this day 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 will stand in abeyance during the said period. iii. Passport surrendered by petitioner shall be released to him subject to the following conditions: CRL.M.C. No.177 of 2011 -: 3 :- (a) Petitioner shall execute a bond for `.2,50,000/- (Rupees Two 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 six months. (b) Petitioner shall file affidavit in the trial court stating the name, address and contact telephone number of his counsel in the trial court. The address and contact telephone number of petitioner abroad shall be intimated to the Investigating Officer within two weeks from the date of leaving the country. A copy of the affidavit shall be given to the officer investigating the case. (c) Petitioner shall as and when he is informed either directly or through counsel, appear before the trial court failing which it will be open to the trial court to cancel the bond and initiate necessary action. CRL.M.C. No.177 of 2011 -: 4 :- (d) Petitioner shall file affidavit in the trial court to the effect that in his absence in the trial court trial could be conducted in the presence of his counsel who shall make necessary plea on his behalf and that he will not challenge the identity in the course of trial during his absence. (e) 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