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. 2892 of 2009() ------------------------------------ (CRIME NO.475/2009 OF PERINTHALMANNA POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- ABDUL LATHEEF, S/O. MOIDEEN, PILAKKAL HOUSE, KOORAD P.O., NILAMBUR. BY ADV. MR.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U.NAZAR 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.2892 of 2009 -------------------------- ORDER Petitioner is the accused in Crime No.475/2009 of Perinthalmanna Police Station, being investigated for the offences under Sections 323 and 326 of Indian Penal Code. Under Annexure-I order, petitioner was granted bail by Sessions Judge, Manjeri on conditions. One of the conditions was appearance before the Investigating Officer on all Thursdays for two months and the other was, surrender of the passport. Petitioner surrendered the passport before the Magistrate. Later, petitioner filed Crl.M.P.No.1211/2009 before Sessions Court, Manjeri to lift the condition, directing him to appear before the Investigating Officer on all Thursdays and also to release the passport, contending that as he is employed in Dubai, unless he joins duty his livelihood will be lost. Under Annexure-III order, learned Sessions Judge, accepting the submission of the learned Public Prosecutor that if the conditions are lifted and petitioner is allowed to go abroad, his presence cannot CRMC 2892/09 2 be procured during trial, dismissed the petition. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-III order and to release the passport and to lift Condition Nos.2 and 5. 2. Learned counsel appearing for the petitioner and learned Public prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that petitioner is prepared to abide by any condition and unless he is permitted to go abroad, he would lose his employment and in such circumstances, the conditions are to be lifted. It is also submitted that presence of the petitioner, for the purpose of further investigation, is not necessary and therefore, the conditions may be lifted. 4. Learned Public Prosecutor submitted that petitioner is the first accused and the second accused is yet to be apprehended and the period of two months provided under Anenxure-I order did not expire and in such circumstances, the conditions may not be lifted at this stage. 5. Petitioner was granted bail as per Annexure-I order dated 3.8.2009, imposing conditions. The question CRMC 2892/09 3 is whether before expiry of the period provided under Annexure-I order, directing petitioner to appear before the Investigating Officer on all Thursdays for two months, the conditions are to be lifted. Second accused is yet to be apprehended. Petitioner did not produce any material to show that he has to re-join duty on a particular date. In such circumstances, I do not find it necessary to interfere with Annexure-III order at this stage. After the period of two months as provided under Annexure-I order, petitioner may approach the learned Magistrate. In that event, Magistrate may release the passport to the petitioner on sufficient conditions. Petition is disposed. 7th September, 2009 (M.Sasidharan Nambiar, Judge) tkv