IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Crl.MC.No. 4757 of 2010() ----------------------------------- CRMC. NO.154/2008 IN CMP. 2989/2010 OF THE SESSIONS COURT, KOZHIKODE. CRIME NO. 181/07 OF FEROKE POLICE STATION. ................... PETITIONER(S): ACCUSED --------------------------------------- K.A.MADHU, AGED 38 YEARS, S/O.P.S.MENON, ASWATHI, VALAYANAD AMSOM, DESOM, P.O.POKKUNNU, KOZHIKODE. BY ADV. SMT.T.V.NEEMA RESPONDENT(S): COMPLAINANTS & STATE -------------------------------------------------------------- THE STATE OF KERALA, (S.H.O., FEROKE POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4757 OF 2010 --------------------------------------------- Dated 6th December, 2010 O R D E R Petitioner, the third accused in Crime No.181/2007 of Feroke Police Station registered for the offences under Section 6 read with Section 4 of Cinematographic Act and Section 7(1)(a) of Indecent Representation of Women (Prohibition) Act, 1988 was granted anticipatory bail under Annexure-A order on conditions. Second condition was that he shall appear before the Station House Officer, Feroke on all Mondays and Saturdays between 9 a.m and 10 a.m. Fourth condition was that he shall not leave Kozhikode District without the permission of the Court. Fifth condition was to surrender his passport. Petitioner Crmc 4757/10 2 filed Crl.M.P.2989/2010 seeking to lift condition No.5 contending that he obtained construction work at Singapore and to enable him to travel to Singapore, passport is necessary. He also filed Crl.M.P.3174/2010 to delete other conditions. By Annexure-C order, learned Magistrate modified the second condition by altering the condition to appear before the investigating officer only on all alternate Sundays till completion of the trial. By Annexure-D order prayer to delete condition No.5 was rejected. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexures-B and C orders and delete the conditions. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. Crmc 4757/10 3 3. The crime was registered in 2007. By Annexure-A order dated 16/2/2008 learned Sessions Judge directed the petitioner to appear before the investigating officer and also directed not to leave Kozhikode district without permission of the Court. As the petitioner has complied with the condition, I do not find it necessary to continue the same hereafter. Only a direction that the petitioner shall appear before the investigating officer as and when required will be sufficient. Petitioner did not produce any material in support of the claim that he got visa to travel to Singapore as alleged. In such circumstances, if the petitioner files an application before the Magistrate and produces necessary documents in support of the claim that he has to go to Singapore, learned Magistrate shall permit Crmc 4757/10 4 him, imposing sufficient conditions. Petition is allowed in part. Condition Nos.2 and 4 in Annexure-A order is deleted providing that hereafter the petitioner need appear before the investigating officer only as and when required. Learned Magistrate is directed to consider the application for releasing the passport, if petitioner files an application and produces necessary documents warranting his travel to a foreign country. If permission is to be granted, Magistrate shall impose necessary conditions. M.SASIDHARAN NAMBIAR, JUDGE. uj.