IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.MC.No. 2258 of 2010() ------------------------- AGAINST ORDER DATED 16-6-2010 IN CMO.NO. 2861/2010 OF J.F.C.M. I, HARIPAD PETITIONER(S): 1ST ACCUSED -------------------------- BINU, AGED 26 YEARS, S/O. SUDHANI, MADATHIL VEEDU, MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.P.SREEKUMAR RESPONDENT(S): COMPLAINANT -------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. Ramkumar ,J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 2258 of 2010 * * * * * * * * * * * * * * * * * * Dated this the 23rd day of June, 2010 ORDER Heard both sides. 2. The condition that the petitioner should surrender his passport before the Investigating Officer was imposed by this Court in Annexure A3 order dated 31-3-2010 in B.A. No. 2039 of 2010 only to enable the petitioner to get married on 5-4-2010. At the same time, it is a fact that the petitioner who is the first accused in Crime No. 71 of 2010 of Kanakakkunnu Police Station for offences punishable under Sections 306 and 376 of I.P.C. and Sec. 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in which the alleged victim was one Manju, the deceased) was granted regular bail by this Court as per Annexure A1 order dated 11-6-2010 in B.A. No. 3412/2010. In that order there is no condition regarding the passport of the petitioner. Hence, the passport of the petitioner shall be released to the petitioner for a period of Crl.M.C. No. 2258 of 2010 -:2:- two years to enable him to go abroad. 3. In case, the case is charge-sheeted and cognizance of the offence is taken, he shall make himself available for trial. C.M.P. No. 2861 of 2010 filed by the petitioner before the J.F.C.M.I, Haripad shall stand allowed and the passport shall be released to the petitioner for a period of two years on appropriate conditions and undertaking. The petitioner shall also give his local address as well as his address abroad besides furnishing the name and other particulars including the phone number of his local advocate. This Crl.M.C. is disposed of as above. Dated, this the 23rd day of June, 2010. Sd/-V. RAMKUMAR, JUDGE. /true copy/ P.S. to judge ani/