IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Crl.Rev.Pet.No. 147 of 2010() ----------------------------- CRMP.2915/2009 of SESSIONS COURT, KOTTAYAM .................... REVN. PETITIONER(S): PETITIONER/ACCUSED NO.1 -------------------------------------------- M.V.VARGHESE @ UTHUP, S/O.VARGHESE, MAILAKKATTU HOUSE, VELLUKKATTA KARA, PUTHUPPALLY VILLAGE, KOTTAYAM. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE C.I OF KOTTAYAM EAST POLICE STATION. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12-01-2010 , THE COURT ON 12/01/2010 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. R.P.NO. 147 of 2010 * * * * * * * * * * * * * * * * * * Dated: 12-01-2010 ORDER Heard both sides. 2. The petitioner who is the first accused in Crime No. 665 of 2009 of Kottayam East Police Station for an offence punishable under Section 307 read with Sec. 34 I.P.C. was granted bail by the Sessions Court, Kottayam as per Annexure -A order dated 25-11- 2009 in Crl.M.P. No. 2588 of 2009. Bail was granted subject to six conditions. One such condition was that he shall appear before the Investigating Officer on every Monday between 4 p.m. and 6 p.m. until otherwise ordered. Another condition was that the petitioner shall surrender his passport before the lower court within five days of his release on bail. There is no dispute that after Annexure-A order the petitioner was released on bail and he has been complying with the conditions and he has also -:2:- Crl.R.P. No. 147 of 2010 surrendered his passport as ordered. The petitioner is working as Group Financial Controller of Al Zarafa Group, Abu Dhabi, U.A.E. and is also the power of attorney holder of Abdul Rahman Mohammed Abdul Rahman Al Marzouqi, Chief Executive Officer , Al Zarafa Group of Companies, U.A.E. 3. It is the petitioner's case that he has to come to India atleast twice or thrice a month in his capacity as the top manager of the Company and he, therefore, wanted to get his passport released and delete the condition for reporting before the police. He, therefore, filed Crl. M.P. No. 2915 of 2009 before the Sessions Court. As per the impugned order dated 7-1-2010 the Sessions Court dismissed the application mainly for the reason that in the absence of a reciprocal extradition treaty between India and Abu Dhabi, in case the petitioner fleeing from justice, it may not be possible to secure his presence for the trial of the case. It is said order which is assailed in this revision. -:3:- Crl.R.P. No. 147 of 2010 4. I heard the learned counsel for the petitioner and the learned Public Prosecutor. The assumption by the learned Judge that there is no reciprocal extradition treaty between India and U.A.E. does not appear to be correct. There is a bilateral treaty between India and U.A.E. signed in October 1999 providing for extradition and mutual legal assistance in Civil and Criminal matters which came into force in May, 2000. After all, the crime being one of 2009, in the normal course, there is no prospect of the case being taken up for trial even assuming that the case ends in a committal by the Magistrate. Hence, I am inclined to grant the prayer of the petitioner. However, he will have to ensure compliance of the other conditions in the bail order by depositing an additional cash security of Rs. 2,00,000/- over and above the deposit of Rs. 50,000/- imposed by the Sessions Judge. Accordingly, Crl.M.P. No.2588 of 2009 filed by the petitioner before the Sessions Court shall stands allowed on the petitioner -:4:- Crl.R.P. No. 147 of 2010 making an additional cash deposit of Rs. 2,00,000/- before the J.F.C.M. I , Kottayam and subject to the other bail conditions. The passport of the petitioner shall be released as and when he complies with the above condition of additional cash deposit. Crl.R.P. is disposed of as above. Dated this the 12th day of January, 2010. V. RAMKUMAR, (JUDGE) ani.