IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4312 of 2008() ------------------------- AGAINST THE ORDER IN CMP 159/08 IN SC.550/2008 of ASSISTANT SESSIONS COURT, THALASSERY .................... PETITIONER(S): --------------- RASHEED S/O.KUNHAMMAD, NABEES MANZIL, KEEZHUR AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- THE STATION HOUSE OFFICER MALOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4312 of 2008 ---------------------------------------- Dated this the 27th day of November 2008 O R D E R The petitioner faces indictment in a prosecution under Section 489(B) and (C) I.P.C. Cognizance was taken as early as in 2004. The petitioner was not available. The case against him was split up and transferred to the list of long pending cases by the learned Sessions Judge. At long last, the petitioner was apprehended. According to him, he has secured an employment abroad and that is why he could not be present before the court. The learned Judge released the petitioner on bail but subject to the condition that he must surrender his passport. Accordingly, the passport stands surrendered. The petitioner applied for release of the passport on the plea that to ensure that he does not loose his job he has got to report at the place of his employment immediately. The learned Sessions Judge dismissed that application. The petitioner claims to be aggrieved by that order and has come before this court. 2. The report of the learned Sessions Judge was called for. The report of the learned Judge shows that the case stands Crl.M.C.No.4312/08 2 posted for framing charges on 24/1/2009. The learned Judge reports that every endeavour shall be made to dispose of the case by February 2009. I am, in these circumstances, satisfied that the petitioner must certainly be directed to be present in India to face the trial on 24/1/2009 to 28/02/2009. In these circumstances, the course adopted by the learned Judge does not appear to be incorrect or wrong at all. 3. The learned counsel for the petitioner submits that subject to any appropriate further conditions, the passport may be directed to be released to him such that he will appear before the court again prior to 24/1/2009 and make himself available for trial. The learned Public Prosecutor opposes the said prayer; but having considered all the relevant circumstances, I am satisfied that if the presence of the petitioner to participate in the trial from 24/1/2009 can be ensured, the passport can be released to him so that he would not lose his employment abroad. Subject to appropriate and strict conditions, I am satisfied that the passport can be directed to be released to the petitioner. 4. In the result, a) This petition is allowed in part. Crl.M.C.No.4312/08 3 b) The impugned order is set aside. It is directed that the passport surrendered by the petitioner shall be released to him on the following terms and conditions: i) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each undertaking to surrender the passport before the Sessions Court on or before 24/1/2009. ii) He shall deposit an amount of Rs.50,000/- (Rupees fifty thousand only) as cash security. iii) As and when the petitioner appears and surrenders his passport before 24/1/2009, the cash security of Rs.50,000/- shall immediately be released to the petitioner. 5. If the petitioner does not appear on or before 24/1/2009 and surrender the passport, the security amount shall be forfeited and action shall be taken against the petitioner and the sureties by the learned Sessions Judge. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.4312/08 4 Crl.M.C.No.4312/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008