IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Crl.MC.No. 2875 of 2009() ------------------------------------ (CRIME NO.451/2009 OF MANJERI POLICE STATION) .................... PETITIONER(S): 1ST PETITIONER:1ST ACCUSED: ------------------------------------------------------------------------- RIYAS, S/O.ABDUL GAFOOR, OTTAKANDATHIL PUTHENPEEDIYEKKAL HOUSE, PULPATTA, POOKOLATHUR, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): RESPONDENT:STATE: ------------------------------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2875 of 2009 -------------------------- ORDER Petitioner is the first accused in Crime No. 451/2009 of Manjeri Police Station, registered for the offences under Sections 498A and 323 read with Section 34 of Indian Penal Code against four accused. Under Annexure-A order, Sessions Judge, Manjeri granted anticipatory bail to the petitioner on conditions. One of the conditions was to surrender the passport. Petitioner accordingly surrendered the passport. This petition is filed under Section 482 of Code of Criminal Procedure to release the passport surrendered as directed under Annexure-A order, contending that as he got employment in Australia, the passport is to be released. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that as the offence alleged is under Section 498A of Indian Penal Code, there cannot be any dispute with regard to his identity and therefore, there is no CRMC 2875/09 2 impediment in proceeding with the case even if petitioner is not personally present at the time of trial and petitioner is prepared to file an undertaking before the court that he will appear before the court when his presence is necessary and therefore, the passport is to be released. 4. Learned Public Prosecutor submitted that after completing the investigation, a final report has already been submitted before the court on 27.8.2009 and in such circumstances, if petitioner undertakes to appear before the court at the time of trial, the passport could be released to the petitioner. 5. Considering the nature of the offence alleged, I do not find it necessary to deny petitioner the employment obtained in Australia.In such circumstances, Chief Judicial Magistrate, Manjeri is directed to release the passport to the petitioner on filing an undertaking that he will appear before the court as and when required. Petition is disposed. 7th September, 2009 (M.Sasidharan Nambiar, Judge) tkv