IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 Crl.MC.No. 684 of 2011() ------------------------ CC.57/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD .................... PETITIONER/PETITIONER/ACCUSED: ---------------------- BHOOPATHI, AGED 50 YEARS, S/O.NARAYANAN NAIR, NECHULLI NIVAS, MANNARKADU. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.P.M.RAFIQ SRI.V.C.SARATH RESPONDENT/RESPONDENT/ COMPLAINANT: -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: ADV SMT M K PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.684 of 2011 --------------------------------------- Dated this 17th day of March, 2011 ORDER Petitioner is accused in C.C.No.57 of 2007 of the Court of learned Judicial First Class Magistrate, Mannarkadu for offences punishable under Secs.353 and 506(ii) of the Indian Penal Code and Sec.3(i) of the P.D.P.P Act. Petitioner is employed in Sharjah. While he was granted bail he was directed to surrender his passport. Later by Annexure-A, order petitioner was permitted to go abroad. Petitioner filed C.M.P.No.611 of 2011 seeking extension of time granted under Sec.22(5) of the Passport Act. Learned Magistrate passed Annexure-D, order refusing to extent time. In the petition it is prayed that petitioner may be permitted to go abroad for a period of one year from 01.07.2011 on which day the period of his visa would expire. 2. Though in this petition the prayer is for extension of time for one year from 01.07.2011 learned counsel submits that the period of petitioner's visa would expire by April 10, 2011 and unless his visa is renewed it is liable to be cancelled and that will affect his job abroad. It is also pointed out by learned counsel that once the visa is stamped, petitioner is required to be abroad for a minimum period of six months. Learned counsel requested that petitioner may be permitted to go abroad for a period of six Crl.M.C.No.684 of 2011 -: 2 :- months from 01.04.2011. 3. I have heard the views of learned Public Prosecutor also. Learned Public Prosecutor submitted that presence of petitioner in the course of trial is to be ensured. It is also pointed out that if in the course of trial if petitioner disputes his identity it will make practical difficulties for the trial court to proceed with the case. In response to that submission learned counsel submitted that petitioner is not disputing his identity and is prepared to file an affidavit in the trial court in that regard. 4. Having considered the rival contentions and the difficulties of petitioner expressed by learned counsel I am inclined to grant relief to the petitioner. Resultantly this petition is disposed of in the following lines: (i) Petitioner is granted permission to go abroad for a period of six months from 01.04.2011 subject to the following conditions. (a) Petitioner shall execute a bond for Rs.2,50,000 (Rupees Two Lakh Fifty Thousand Only) with two sureties for the likesum each to the satisfaction of trial court undertaking to appear in Court on the expiry of the said period of six months or, as and when directed to do so in case his presence in the trial court becomes necessary. (b) Petitioner shall file an affidavit in the trial court stating that he will not dispute his identity in the course of trial, he Crl.M.C.No.684 of 2011 -: 3 :- will be represented in the court below in the course of trial by his lawyer whose name, address and telephone number will be mentioned in the affidavit. He shall state that he will not raise any contention that evidence was recorded in his absence. (c) Petitioner shall also state in the affidavit that if in case his examination under Sec.313 of the Code of Criminal Procedure is required to be conducted in his absence, he shall answer the question through counsel as the Supreme Court has directed in the decision in Ors. Vs. State of Karnataka and Ors. ((2000)8 SCC 740, at page 743). (d) Petitioner shall give his address and contact number abroad to his counsel and investigating officer within two weeks of his reaching the destination. (e) On compliance of the condition numbers (a) to (c) learned Magistrate shall give permission to the petitioner to go abroad for a period of six months from 01.04.2011 onwards. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge