IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 Crl.MC.No. 1323 of 2009() ------------------------- CMP.448/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... PETITIONER(S): --------------- P.BASHEER, AGED 35 YEARS, S/O.UMMER, SHAMEENA MANZIL, P.O.AYITTY, THRIKKARIPUR,KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): --------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER KUTHUPARAMBA POLICE STATION (CRIME NO. 519 OF 2008) KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI.P.A.SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------- Crl.M.C.No.1323 of 2009 ------------------------------- Dated this the 15th April, 2009 O R D E R Petitioner is the sole accused in Crime No.519 of 2008 of Kuthuparamba Police Station, registered on a private complaint preferred by his wife and forwarded to that police for investigation. Petitioner who is working abroad was arrested at Karipur Airport on 1.12.2008, while he returned to the country. Learned Magistrate, on his application granted bail as per order dated 2.12.2008 imposing conditions which included that the petitioner shall surrender his passport in that court. Accordingly petitioner surrendered his passport and later filed C.M.P.No.448 of 2009 to release the same. That petition, on being opposed by the learned Public Prosecutor was considered by the learned Magistrate and dismissed vide order dated 13.2.2009. Hence this petition. 2. Learned counsel for the petitioner submits that the case is still in the stage of investigation and that petitioner, Crl.M.C.No.1323 of 2009 2 in connection with his employment abroad, is required to go back. He submits that petitioner is prepared to appear before the trial court and produce his passport as and when required. He also submits that the petitioner will furnish his address abroad and the address of the counsel to whom notice on his behalf for his appearance could be served, in the trial court. Learned Public Prosecutor in the circumstances stated above, submitted that in case this Court is inclined to return the passport to the petitioner, appropriate conditions may be imposed. 3. In the facts and circumstances of the case and in the light of what is stated above, I am inclined to think that it is not necessary to retain the passport in custody. Hence, this petition is allowed in the following lines. (i) The trial court shall return the passport to the petitioner on his executing a bond for Rupees Two Lakhs with two sureties for the like sum each to the satisfaction of the trial court undertaking to appear before that court Crl.M.C.No.1323 of 2009 3 and to surrender his passport, as and when directed by that court. (ii) Petitioner shall furnish his address abroad before the trial court and the address of the counsel to whom notice for his appearance and surrender of passport should be given. 4. On compliance of the above conditions learned Magistrate shall return the passport to the petitioner. 5. All other conditions imposed by the learned Magistrate while granting bail will remain in force until otherwise modified or directed by that court. Crl.M.C. is disposed of accordingly. THOMAS P. JOSEPH, JUDGE. nj.