IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 Crl.MC.No. 67 of 2011() ----------------------- CRL.M.P.14122/2010 IN C.C.NO.1499/2010 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE-III, PUNALUR DTD 22.12.2010 PETITIONER/ IST ACCUSED IN C.C.NO.1499/10 -------------------------------------------- SHIHAB MAJEED, S/O.ABDUL MAJEED, ADHEENA MANZIL, NADUKKUNNU MURI, PATHANAPURAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT/COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: ADV. SRI. K J MOHAMMED ANSARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.67 of 2011 --------------------------------------- Dated this 11th day of January, 2011 ORDER Petitioner is accused No.1 in C.C.No.1499 of 2010 of the court of learned Judicial First Class Magistrate-III, Punalur for offence punishable under Sec.498A r/w. 34 of the Indian Penal Code. Originally, the case was taken on file as C.C.No.742 of 2005 and since petitioner was not available, case against him was split up and refiled as C.C.No.1499 of 2010. In the meantime petitioner surrendered and was released on bail (Annexure-A2) subject to conditions that he shall execute bond for `.25,000/- with two solvent sureties each for the likesum, furnish cash security of `.5,000/-and surrender his passport before court within one week or file affidavit that he will not leave the country untill disposal of the case. Petitioner is aggrieved by the said conditions. Learned counsel contended that criminal court has no power to impound the passport. It is also contended that since petitioner is working abroad he has to return to his place of employment. The direction to deposit cash security is also under challenge. Crl.M.C.No.67 of 2011 -: 2 :- 2. It is not disputed before me that a court granting bail in a non bailable offence is entitled to impose conditions. When petitioner is working abroad a condition that might be imposed is that he should make himself available for trial and that he shall not go abroad. That can be ensured by directing to produce his passport in the court concerned. Viewed in that way, I am not persuaded to think that the criminal court has no power to direct production of passport in court. Admittedly, petitioner is working abroad, the case was registered sometime in the year 2005, it was filed as C.C.No.742 of 2005 and on account of non availability of petitioner whether he absconded or not, it could not be disposed of and it has been refiled as C.C.No.1499 of 2010. If petitioner is allowed to go abroad what happens is possibly a repetition of what has happened earlier for whatever reason it be and for a few more years the case will remain pending. Having regard to that, I am not inclined to interfere with the condition imposed by the learned Magistrate in the matter of production of passport or filing the affidavit. However, since learned Magistrate has directed execution of bond of `.25,000/- with two solvent sureties for the likesum each, a further cash security of `.5,000/- is not required. Hence that Crl.M.C.No.67 of 2011 -: 3 :- condition will stand deleted. Resultantly this criminal miscellaneous case is allowed in apart and Annexure-A2, order is modified to the extent that the condition for furnishing cash security of `.5,000/- will stand deleted. If modification of any of the other condition is required, it is open to the petitioner to approach the learned Magistrate at the appropriate time. (THOMAS P JOSEPH, JUDGE) Sbna/-