IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2151 of 2008()
1. V.B.MOHAMMED KUTTY, S/O. BAPPU,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE
... Respondent
2. SUPERINTENDENT OF POLICE
3. THE STATE OF KERALA REPRESENTED BY
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :10/06/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.2151 of 2008
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Dated this the 10th day of June, 2008
ORDER
Petitioner is the 4th accused in a crime registered alleging
offences punishable, inter alia, under Section 120 B and 384 r/w
34 I.P.C. Investigation in that crime is complete. Final report has
not been filed. The investigator is awaiting necessary sanction
from the Government of India in respect of one of the accused, it
is submitted.
2. The petitioner herein was arrested and released on
bail. He was released on bail subject to conditions. One of the
conditions imposed was that he must surrender his passport. The
passport of the petitioner has been remaining in the custody of
the court for a long period of time. The petitioner has taken back
the passport and re-produced the same before the learned
Magistrate on a couple of occasions. The petitioner claims to be a
businessman, who has to travel to destinations abroad frequently
in connection with his business. The learned counsel for the
petitioner contends that the final report has not been filed even
after elapse of a considerably long period of time. It is
inexpedient now to insist that the passport must be retained in
Crl.M.C. No.2151 of 2008 2
the court’s custody. It may be directed to release the passport to
the petitioner subject to any appropriate terms and conditions. It
is further prayed that the condition imposed regarding
appearance before the investigator may also be deleted now.
3. The learned Public Prosecutor does not oppose the
application. The learned Public Prosecutor only submits that
appropriate and strict conditions may be imposed.
4. Having considered all the relevant inputs including the
history of this case, I am satisfied that the passport of the
petitioner, which is now in the custody of the learned Magistrate,
can be released to the petitioner subject to appropriate terms and
conditions.
5. In the result, this Crl.M.C is allowed. The passport shall
be released to the petitioner on the following terms and
conditions.
i) The petitioner shall execute a bond for Rs.10 lakhs
(Rupees Ten lakhs only) with two solvent sureties each for the like
sum to the satisfaction of the learned Magistrate undertaking to
appear before the learned Magistrate in person and surrender the
passport to the learned Magistrate within 30 days of the date on
which notice to that effect is served on his counsel. In the bond,
he must specifically undertake to do the same. He must also
Crl.M.C. No.2151 of 2008 3
name his counsel to whom notice is to be given in the bond to be
executed by him. The learned Magistrate, in the facts and
circumstances of this case, shall scrupulously insist and ensure
that the sureties offered are sufficient and solvent.
ii) The condition that the petitioner must make himself
available before the Investigating Officer twice in a month shall
also now stand deleted in view of the submission that the
investigation is already completed. However, it is directed that
the petitioner shall appear before the Investigating Officer as and
when directed by the Investigating Officer in writing to do so.
Such notice in writing can also be given to the counsel specified
by the petitioner.
(R.BASANT, JUDGE)
rtr/-