IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Crl.MC.No. 2112 of 2011() ------------------------------------- CMP.NO. 3081/2011 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR CRIME NO.697/2008 OF VALANCHERY POLICE STATION .................... PETITIONER(S): 5TH ACCUSED ---------------------------------------------- SIDHEEK KALLINGAL, AGED 32, S/O.KUNHIMARAKKAR, KALLINGAL HOUSE, KAREKKAD P.O., MALAPPURAM. BY ADV. SRI.THIYYANNOOR RAMAKRISHNAN SRI.ARUN KUMAR.P SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): STATE ------------------------------------- 1. THE PASSPORT OFFICER, MALAPPURAM-676 505. 2. SUB INSPECTOR OF POLICE, VALANCHERY POLICE STATION, VALANCHERY-676 552. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2112/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1: COPY OF THE FIR IN CRIME NO.697 OF 2008 DATED 14/11/2008. ANNEX 1(A): COPY OF THE ENGLISH TRANSLATION OF ANNEXURE 1. ANNEX 2: COPY OF THE STATEMENT BEARING NO.MLP/AR-20/09 OF THE 1ST RESPONDENT ISSUED BY THE PETITIONER DATED 18/05/2011. ANNEX 3: COPY OF THE VISA BEARING NO.0079236139. ANNEX 4: COPY OF the CRL.M.P.NO.3081 OF 2011 FILED BY THE PETITIONER DATED 26/05/2011. ANNEX 4(A): COPY OF THE ENGLISH TRANSLATION OF ANNEXURE 4. ANNEX 5: COPY OF THE CRL.M.P.NO.3284 OF 2011 IN CRL.M.P.NO.3081 OF 2011 FILED BY THE PETITIONER DATED 02/06/2011. ANNEX 5(A): COPY OF THE ENGLISH TRANSLATION OF ANNEXURE 5. ANNEX 6: COPY OF THE COMMON ORDER IN CRL.M.P.NO.3284 OF 2011 IN CRL.M.P.NO.3081 OF 2011 DATED 02/06/2011. ANNEX 7: COPY OF THE AFFIDAVIT FILED BY THE PETITIONER BEFORE THE JFCM COURT, TIRUR IN CRL.M.P.NO.3081 OF 2011 DATED 02/06/2011. ANNEX 7(A): COPY OF THE ENGLISH TRANSLATION OF ANNEXURE 7. ANNEX 8: COPY OF THE AFFIDAVIT EXECUTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17/06/2011. ANNEX 9: COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts B.P. Ray, J. ==================================== Crl.M.C.2112/2011 ==================================== Dated this the 18th day of July, 2011. ORDER Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the 5th accused in Crime No.697/2008 of Valanchery Police Station, Malappuram for offences punishable under Sections 143, 147, 148, 341 and 307 read with Section 149 I.P.C. Being aggrieved by the order of the Judicial Magistrate of the First Class-I, Tirur in Crl.M.P.3284/2011 in Crl.M.P.3081/2011, this petition under Section 482 was filed. Petitioner is on bail now. No arrest warrant is issued against him. The case is pending since 2008 and is at the investigation stage. Considering this aspect, the learned Magistrate, vide Annexure-6, permitted the petitioner to go abroad to work as Driver on conditions. Petitioner says that he is ready and willing to furnish security before the trial court to ensure his presence if charge-sheeted on service of summons. It is submitted Crl.M.C.2112/2011 -:2:- that the petitioner's father will furnish a property surety worth Rs.2,00,000/- (two lakhs) and affidavit to the effect that the petitioner will appear in the case as and when summons is issued to him. The petitioner is permitted to go abroad on furnishing surety as mentioned above. It is open to the petitioner to approach the first respondent Passport Officer with a copy of this order to delete the endorsement which he has made in pursuance to the order passed by the learned Magistrate. Crl.M.C. is disposed of modifying the conditions to the extent stated above. B.P. Ray, Judge. sl.