IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 CRL.REV.PET.NO. 1761 OF 2009() --------------------------------------------- (CRL.M.P. NO.1515 OF 2009 IN CRL.M.C. .NO.325 OF 2009 SESSIONS COURT, KOZHIKODE) .................... REVN. PETITIONER(S): PETITIONER ------------------------------------------------- DIPIN K.V.AGED 22 YEARS, S/O.DAMODARAN NAIR, KUZHICHALIL VEEDU, NOCHAD, KOYILANDY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): RESPONDENT ---------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, PERAMBRA POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI KAMAPPU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------------ Crl.R.P.NO. 1761 OF 2009 ---------------------------------------- Dated this the 15th day of June, 2009 ORDER Petitioner is an accused in Crime No.88 of 2009 of Perambra Police Station involving offences punishable under Sections 143, 147, 148, 323, 324, 294(b) and 307 read with Section 149 of the Indian Penal Code (for short, “the Code”). During the stage of investigation, petitioner was granted bail by learned Sessions Judge, Kozhikode as per order in Crl.M.C.No.325/2009 subject to conditions one being that petitioner shall surrender his passport in the trial court. Accordingly, petitioner surrendered his passport and later, requested release of the passport as per Crl.M.C.No.1515/2009 stating that petitioner wanted to go abroad for an interview. That application was opposed by Public Prosecutor. Learned Sessions Judge vide the impugned order dismissed the application. Hence this revision. 2. Learned counsel submitted that petitioner is prepared to come back to his native place within three months from the day on which the passport is released to him and that the only Crl.R.P.No.1761/09 2 purpose for going abroad is to attend an interview in connection with employment. Learned Public Prosecutor on getting instructions submitted that investigation is not over and that for investigation purpose, presence of petitioner is not required for the time being. However, Public Prosecutor expressed the apprehension whether petitioner will be available for trial if passport is released to him. 3. On the facts of the case since presence of petitioner is not required in connection with investigation and final report has not so far been filed, I am inclined to allow the prayer of petitioner, of course subject to condition that presence of the petitioner in the trial court at the time of trial and if necessary for the investigation for the police is ensured. Resultantly, this revision is allowed. Learned Sessions Judge/magistrate as the case may be before whom the passport is surrendered shall release the passport to the petitioner on his executing a further bond for Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties for the like sum each to the satisfaction of learned Sessions Judge/magistrate undertaking that he will, within three months of the day passport is released to him, return to his native Crl.R.P.No.1761/09 3 place and report his arrival to the officer investigating the case. Petitioner shall also produce his address and telephone number if any abroad in the court where the passport was surrendered and the name, address and telephone number of his counsel on whom notice on his behalf could be given by the court/investigation officer as the case may be. THOMAS P. JOSEPH, JUDGE Acd Crl.R.P.No.1761/09 4