IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Crl.MC.No. 1389 of 2010() ---------------------------------- (To delete the conditions No.2 and 5 in the order of the Court of Sessions, Kozhikode while granting bail vide order in Crl.MC No.1313/09 dated 23.10.2009, in Crime No.381/09 of Nadapuram Police Station, which the Court of Sessions, Kozhikode vide order in Crl.M.P.No.845/2010 dated 3.4.2010 declined to delete) .................... PETITIONER: 7TH ACCUSED -------------------------- HARIS, AGED 41 YEARS, S/O.ABDULLA, NADUVATH HOUSE, NADAPURAM, VATAKARA TALUK. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT: COMPLAINANT --------------------------- STATE OF KERALA, REPRESENTED BY SHO OF POLICE, NADAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.K.MEERA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH,J -------------------------------------------- Crl.MC.NO. 1389 OF 2010 ------------------------------------------ Dated this the 30th day of April, 2010. O R D E R Petitioner is accused No.7 in Crime No.381/2009 of Nadapuram Police Station for offences Punishable u/s.143,147,148,353 r/w 149 of IPC, Section 3(1) of the PDPP Act and Section 3 and 5 of the Explosive Substance Act. Learned Sessions Judge granted bail to the petitioner as per order dated 23.10.2009 on Crl.M.C.No.1313/2009. Subject to conditions including surrender of his passport. Petitioner states that he is a business man, his business interest in Gulf countries and often has to go abroad. Therefore, he wants the condition directing surrender of passport to be lifted. It is not as if the court while considering the grant of bail has no jurisdiction to direct surrender of passport. Here is a case where serious allegations are made against the petitioner. Presumably Crl.MC.NO. 1389 OF 2010 2 petitioner has a passport. While granting bail, the court which pass the order should ensure presence of the accused before the Investigating Agency and the court. It is for such purpose that conditions are being imposed. I do not find any infirmity in the learned Sessions Judge directing surrender of passport. However, the grievance of petitioner that he has to go abroad in connection with business matters and that is made impossible has to be redressed. I make it clear that if any such situation arises, it will be open to the petitioner to request the learned Sessions Judge for permission to go abroad stating the period of stay abroad, his address abroad and his counsel at station to whom notice on his behalf should be given. It will also open to the learned Sessions Judge in case Crl.MC.NO. 1389 OF 2010 3 permission is being granted to direct petitioner to execute a separate bond for the purpose of permitting him to go abroad, for appropriate amount with or without sureties undertaking to be present in court or before the Investigating Officer as the case may be, as and when required. With the above direction, this petition is dismissed. THOMAS P JOSEPH,JUDGE. pm Crl.MC.NO. 1389 OF 2010 4