T.P.Soopy Haji vs State Of Kerala on 7 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2700 of 2007()


1. T.P.SOOPY HAJI, S/O AMMED,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,THROUGH THE
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :07/09/2007

 O R D E R
                            R.BASANT, J
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                    Crl.M.C.No.2700 of 2007
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            Dated this the 7th day of September, 2007

                              ORDER

The petitioner faces allegations for the offences punishable

under Secs. 406 and 420 IPC. He was released on bail by the

learned Magistrate subject to conditions. Inter alia, it was

insisted that the petitioner must surrender his passport before

the learned Magistrate. Accordingly he has surrendered his

passport. The petitioner wants to get his passport released. If

the passport is left in the court, the petitioner may not be able to

return to his place of employment at abroad. The learned

counsel for the petitioner prays that the petitioner shall appear

before the learned Magistrate within one month, of the date on

which notice is given to his counsel by the Court. The

petitioner’s application for release of passport was dismissed by

the learned Magistrate by Annexure A4 order. It is in these

circumstances that the petitioner has come before this Court.

2. Notice was given to the learned Public Prosecutor . The

learned Public Prosecutor only submits that it may be ensured

Crl.M.C.No. 2700 of 2007
2

that the petitioner is available for trial as and when required by

the investigating officer. In the facts and circumstances of the

case, I am satisfied that a lenient view can be taken in this

matter. Subject to appropriate safe guards, the petitioner can be

permitted to return to his employment to earn his livelihood.

3. In the result this Crl.M.C is allowed, subject to the

following direction.

i) The petitioner shall execute a bond for Rs.1,00,000/-

(Rupees one lakh only)with two solvent sureties each for the like

sum with an undertaking to appear before the learned Magistrate

within a period of 30 days from the date on which notice is given

to his counsel to be specified by him in the bond to be executed

by him. On execution of the bond, the passport shall be released

to the petitioner.

(R.BASANT, JUDGE)
sj