IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Crl.MC.No. 406 of 2010(E) ------------------------------------ (CRL.M.P.NO.138/2010 IN CRL.M.C. NO. 1313/09 DTD. 22/01/2010 OF COURT OF SESSIONS, KOZHIKODE DIVISION) .................... PETITIONER/PETITIONER/ACCUSED NO.3: ------------------------------------------------------------- RASHEED, S/O. POCKER, MOLLERUMMAL HOUSE, P.O.KALLACHI, VIA. VADAKARA. BY ADVS. MR.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENT/RESPONDENT/COMPLAINANT-STATE: ----------------------------------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. NAZAR. S.U. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.BHAVADASAN, J. --------------------------------- Crl.M.C.No.406 OF 2010 ---------------------------------- Dated this the 11th day of February, 2010 O R D E R ~~~~~~~ This is a petition filed under Section 482 of the Code of Criminal Procedure, seeking a modification of the condition imposed while granting bail to the petitioner. 2. The petitioner is the 3rd accused in Crime No. 381/2009 Nadapuram Police Station is alleged to have committed offences punishable under Sections 143,147,148, 353 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substance Act and 3(10 of Prevention of Destruction of Public Property Act (PDPP Act). Petitioner claims that he is falsely implicated. He had come home from the place of employment on 1.10.2009 and the incident took place on 12.10.2009. He had no role to play in the incident and the allegation against him is totally false. Crl.M.C.No.406/2010 2 3. Whatever that be, the bail application was entertained by the court below and by order dated 23.10.2009 bail was granted subject to the following conditions: “1. The learned Magistrate is directed to release the petitioners on bail if they furnishes bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the court below. 2. Petitioners should surrender their passport or file affidavit. 3. Petitioners should report before the Investigating Officer as and when required by the Investigating Officer in writing. 4. Petitioners should not enter into the limits of Nadapuram Police Station Circle Office without the previous permission of the court, except for reporting before the Investigating Officer. 5. Petitioners should not leave the jurisdiction of Kozhikode District without the previous permission of the court below. 6. Petitioner should not tamper with evidence or interfere in the investigation of the case. Crl.M.C.No.406/2010 3 7. Petitioner should not involve in any criminal case while on bail.” 4. Since the petitioner had to go back to the place of employment, he moved the Sessions Court for modification of the conditions. By the impugned order, the learned Sessions Judge dismissed the petition. Aggrieved by this, the petitioner comes up before this Court. 5. It is pointed out by the learned counsel for the petitioner that the reason given by the Sessions Judge in dismissing the petition is unsustainable in law. There is no justification in directing the surrender of the passport and also observing that no documents have been produced showing that he is employed abroad. 6. The learned Public Prosecutor was also heard. 7. Considering the facts and circumstances of the case, this Court felt that there is no justification in directing the surrender of passport of the petitioner and conditions can Crl.M.C.No.406/2010 4 be imposed whereby his presence for trial can be ensured. Petition is allowed as follows: 1)Condition Nos. 1, 3, 6, 7 in the order dated 23.10.2009 shall remain as such. 2)The petitioner shall give the address to which communication shall be sent, to the court below within two weeks from today. 3)The petitioner shall not tamper or attempt to tamper with evidence or interfere in the investigation of the case. 4)The petitioner shall leave Kozhikode District and the State only with the previous sanction of the court before which bond was executed. (P.BHAVADASAN, JUDGE) ps