IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Crl.Rev.Pet.No. 1078 of 2010() ------------------------------ CRIME NO. 360/2009 of KALPAKANCHERRY POLICE STATION .................... REVN. PETITIONERS: PETITIONERS:- ----------------------------------------- 1. HANEEFA.K.,S/O.ABOOBACKER, KAVUMPURATH HOUSE,KURUMBATHUR AMSOM, CHUNGAM DESAM,PUNNATHALA P.O.,TIRUR TALUK, MALAPPURAM DISTRICT. 2. ABDUL NAZAR.A., S/O.ALIKKUTTY HAJI, ANNIDAN HOUSE, MELMURU AMSOM, KADAMPUZHA DESAM & POST, MALAPPURAM DISTRICT. BY ADV. MR. A.KRISHNAN RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl.R.P. No. 1078 of 2010 ---------------------------------------------------- Dated this the 31st day of March, 2010. ORDER Heard both sides. 2. The revision petitioners are accused Nos. 3 and 4 in Crime No. 360 of 2009 of Kalpakancherry Police Station for offences punishable under Sections 341, 323 and 326 r/w Section 34 IPC. One of the conditions under which the petitioners were granted anticipatory bail by the Sessions Court, Manjeri as per order dated 29.09.2009 in C.M.P. No. 908 of 2009 was that they should surrender their passports before the court. Accordingly, the petitioners had surrendered their passports before the Judicial First Class Magistrate, Tirur. The investigating agency has not filed the final report before the court so far. According to the petitioners, they have secured employment abroad. Even if the case is charge sheeted, it may take months or years for the case to come up for trial and the employment opportunity of the petitioners need not be curtailed by the continued retention of their passports before the criminal court. Crl.R.P. No. 1078/2010 : 2 : 3. I heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 4. In the normal course, the case, if charge sheeted may not come up for trial in the near future. Hence, I am inclined to allow the prayer of the petitioners. Accordingly, the passports of the petitioners shall be returned to them so as to enable them to proceed to their place of employment abroad on appropriate undertaking including one ensuring their presence of the petitioners before the court during trial. The petitioners shall execute a bond before the trial court for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate who shall impose appropriate conditions. The petitioner shall report before the Investigating Officer on 12.04.2010 or 13.04.2010 before executing the bond before the trial court. This revision is disposed of as above. Dated this the 31st day of March, 2010. V. RAMKUMAR, JUDGE. rv