IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 Crl.Rev.Pet.No. 2665 of 2008() ------------------------------ CRIME NO.666/2006 OF CHALAKUDY POLICE STATION CRL.M.P.NO.2794/2008 IN CRL.M.C.NO.2712 OF 2007 IN THE COURT OF THE SESSIONS JUDGE, THRISSUR. REVN. PETITIONER: -------------------------------- K.K. FRANCIS, S/O KOCHUPAILO, KAIPARAMBIL HOUSE, RESIDING AT KADUKUTTY, MIKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU RESPONDENTS: ------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, CHALAKKUDNY. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.2665 of 2008 = = = = = = = = = = = = = = Dated this the 8 th day of August, 2008 ORDER The revision petitioner, who is the 10th accused in Crime No.666 of 2006 of Chalakkudy Police Station registered for offences punishable under Sections 406,409,420,465,471 and 477A read with 120(b) and 34 IPC, challenges Annexure C order dated 29.7.08 passed by the Sessions Judge, Thrissur dismissing the petitioner's application for permission to go to USA for a short period to see his son and daughter and also for undergoing treatment in connection with certain ailments which he is said to suffer from. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. The case is still at the stage of investigation. The apprehension of the prosecution that the petitioner may flee from justice and may not, therefore, be available for trial is a misplaced apprehension and can be taken care of by imposing appropriate conditions. Accordingly, the impugned order is set Crl.R.P.No.2665 of 2008 2 aside and the permission sought for is granted to the petitioner on the following conditions:- 1. The petitioner shall undertake the travel within two weeks of receipt of a visa enabling him to go to USA. 2. The permission to go abroad shall be for a period of 4 months of the date of commencement of the journey. 3. He shall return to India on or before the expiry of the said four months. 4. The petitioner shall make a cash deposit of Rs.50,000/- (Rupees fifty thousand only) before the J.F.C.M, Chalakudy undertaking to comply with the aforesaid conditions and also undertaking to forfeit the said amount in case of default. 5. A copy of this order shall be forwarded to the Indian Embassy in America for information and appropriate action in case the petitioner does not comply with the conditions in this order. Dated this the 8 th day of August, 2008. V. RAMKUMAR, JUDGE sj