IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4072 of 2008() ------------------------- CMP.2389/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED (IN CUSTODY) ----------------------------------- MUHAMMED JAHANGIR ALAM, S/O.LUTFUR REHAAN, 162/03 WEST RAMPARA, RAMPURA BAHAK, BANGLADESH. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, CRIME DETACHMENT, ALUVA, IN CRIME NO.480/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ALUVA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4072 of 2008 ---------------------------------------- Dated this the 7th day of November 2008 O R D E R The petitioner who faces allegations in a crime registered inter alia under Section 12 of the Passport Act was granted bail by the learned J.F.C.M-I, Aluva subject to conditions. Inter alia the condition (condition (c)) is imposed that the petitioner must report before the investigating officer on all Mondays between 9 a.m and 11 a.m until further orders. The petitioner is willing to comply with all other conditions imposed. But the petitioner apprehends that if he complies with condition (c) he shall be proceeded against under law for residing in India without the requisite authority. Compliance with the order of the court may expose him for further penal consequences. Therefore, the said condition may be deleted, it is prayed. 2. The learned Public Prosecutor submits that the investigation is not complete. If that condition is also deleted, the petitioner is unlikely to be available for trial. Appropriate safeguards may be insisted. State has no objection against the petitioner being enlarged on bail and has no intention to proceed Crl.M.C.No.4072/08 2 against him merely because he complies with the said condition (C) imposed by the court, submits the learned Public Prosecutor. 3. I can perceive the apprehension of the petitioner. He fears that he may be proceeded against for residing in India without requisite authority. I am, in these circumstances, satisfied that though the petitioner is released on bail, it can be clarified that he must be deemed to be under the custody of this court. A further condition can be imposed that the petitioner must undertake not to leave the Sessions Division of Ernakulam until further orders. He shall comply with condition No.(c) also. He shall, within three days of the date of his release, furnish to the police officer, the address of his place of residence. If he resides in India - within the Sessions Division of Ernakulam, it shall be deemed that the petitioner's residence is involuntary and he is continuing in the custody of the court. No action shall then be taken against him by any official or authority without the prior permission of this court for voluntarily residing in India. 4. Communicate the order to the learned Magistrate forthwith. (R.BASANT, JUDGE) jsr Crl.M.C.No.4072/08 3 Crl.M.C.No.4072/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008