IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Crl.MC.No. 3795 of 2010() ------------------------------------- CRIME NO.416/2010 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE. .......... PETITIONER(S): 2ND ACCUSED --------------------------------------------- SAIDALAVI, S/O. BEERAN, AGED 23 YEARS, MELALIPARAMB HOUSE, PALAKKAL, VELIMUKKU SOUTH POST, MALAPPURAM DISTRICT. PIN-676317. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): COMPLAINANT -------------------------- -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE-1. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3795 OF 2010 --------------------------------------------- Dated 20th September, 2010 O R D E R Petitioner, the second accused in crime No.416/2010 of Medical College Police Station filed this petition under Section 482 of Code of Criminal Procedure for a direction to the learned Magistrate to release the passport, surrendered by the petitioner for releasing him on bail. By Annexure-A3 order, learned Magistrate dismissed his application. The petitioner would contend that as evidenced by Annexure-A1 passport he has to report back to Saudi Arabia within 90 days from 25/6/2010, otherwise he cannot go there again and in such circumstances, petitioner is to be permitted to go to Saudi Arabia Crmc 3795/10 2 and he will undertake that he will return back immediately and would make himself available for investigation. Learned counsel submitted that the petitioner is also prepared to settle the dispute with the de facto complainant. 2. When Annexure-A1 passport shows that petitioner has to return to Saudi Arabia within 90 days from 25/6/2010, there is force in the submission that retention of the passport and denial of opportunity to return to Saudi Arabia would adversely affect the future of the petitioner. In such circumstances, on sufficient conditions passport can be released to the petitioner. Petition is allowed. Judicial First Class Magistrate, Kunnamangalam is directed to release the passport to the petitioner on following conditions. Crmc 3795/10 3 1) Petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum undertaking that he will return from Saudi Arabia immediately after his entry there and he would be available for interrogation/investigation. At least one of the sureties shall be a close relative of the petitioner like his parents or brother or sister. 2) Petitioner shall furnish his address at Saudi Arabia and also the address of his counsel or relative to whom notice is to be served in case, petitioner is not to available for investigation. M.SASIDHARAN NAMBIAR, JUDGE. uj.