IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 CRL.MC.NO. 690 OF 2011() --------------------------------------- AGAINST THE ORDER IN CRMP.3444/2010 IN CRL.M.C.NO.1400 OF 2010, SESSIONS COURT, KOZHIKOE .................... PETITIONER(S): ACCUSED --------------------------------------- RASHID,S/O. KUNHAMMAD HAJI, ANAPPARAKKAL HOUSE, MUDAVANTHERI AMSOM THUNERI DESOM, VADAKARA TALUK, KOZHIKODE. BY ADV. SRI.SAJU.S.A RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.690 of 2011 ==================================== Dated this the 14th day of March, 2011 O R D E R Petitioner is the accused in Crime No.582 of 2010 of Nadapuram Police Station for offences punishable under Sections 143, 147, 148, 341, 308, 153A, 364 and 307 read with Section 149 of the Indian Penal Code (for short, “the IPC”). By Annexure-1, order learned Sessions Judge, Kozhikode granted him bail on 04.11.2010 subject to conditions which included that petitioner shall surrender his passport in the trial court. Accordingly petitioner surrendered his Passport. Petitioner states that he, who is employed abroad came to his native place on 19.09.2010 and has to return before 15.03.2011. Petitioner therefore requested learned Sessions Judge to release the Passport and filed Crl. M.P.No.3444 of 2010. But that application was dismissed by the learned Sessions Judge as per Annexure-3, order dated December 21, 2010 observing that petitioner is involved in serious offences. That order is under challenge. Learned counsel submits that petitioner is prepared to abide by any condition that may be imposed by this Court and that petitioner will not dispute his CRL.M.C. No.690 of 2011 -: 2 :- identity. It is also submitted that petitioner is prepared to appear in the committal/trial court on the expiry of three months from the date of release of the Passport or if necessary, as and when required to do so even before that. I have heard learned Public Prosecutor also. Learned Public Prosecutor submitted that petitioner is involved in serious offences and that his presence during the course of trial is to be ensured. 2. It is seen that investigation of the case is not completed and a few more accused are to be apprehended. Petitioner was arrested on 24.10.2010 and was released on bail. It would appear that it may take some time for completing investigation. Having regard to the difficulties expressed by the petitioner I am inclined to allow the request made by petitioner on conditions so that committal/trial proceedings are not stalled on account of absence of petitioner. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-3, order is set aside and Crl. M.P. No.3444 of 2011 in Crl. M.C.No.1400 of 2010 is allowed in the following lines: CRL.M.C. No.690 of 2011 -: 3 :- i. Petitioner is permitted to go abroad for a period of three months from the date of release of Passport to him or till his presence is required for investigation or trial of the case, whichever is earlier. ii. The direction that petitioner shall report to the Investigating Officer will stand in abeyance during the said period iii. Petitioner shall execute a bond in the committal/trial court for `.2,50,000/- (Rupees Two lakhs and Fifty thousand only) (apart from the bond already executed) with two sureties for the like sum each undertaking to appear before the committal/trial court or the Investigating Officer as the case may be as and when required, and at any rate, on the expiry of the said period of three months and on such appearance he shall surrender his passport in the trial court. CRL.M.C. No.690 of 2011 -: 4 :- (iv) Petitioner shall file affidavit in the trial court undertaking that he will not dispute his identity in the court below in case trial took place in his absence). Petitioner shall state in the affidavit the name, address and contact telephone number of his counsel in the trial court, he would appear in the committal/trial court and that he shall not plead any irregularity on the ground of order of committal/trial being conducted in his absence. He shall also state in the affidavit that in case his examination under Section 313 of the Code of Criminal Procedure is to be held in his absence it could be done as provided in Basavaraj R.Patil & Others v. State of Karanataka and Others ([2000] 8 SCC 740). CRL.M.C. No.690 of 2011 -: 5 :- (v) Petitioner shall within two weeks of his leaving the country give his contact telephone number abroad to his counsel and Investigating Officer. (v) On compliance of conditions (i) to (iv) Passport surrendered by the petitioner shall be released to him. THOMAS P. JOSEPH, JUDGE. vsv