High Court Kerala High Court

Alex Koshy vs Cbi/Spe/Kerala on 29 August, 2008

Kerala High Court
Alex Koshy vs Cbi/Spe/Kerala on 29 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3125 of 2008()


1. ALEX KOSHY
                      ...  Petitioner

                        Vs



1. CBI/SPE/KERALA,REP. BY ITS
                       ...       Respondent

                For Petitioner  :SMT.K.V.RESHMI

                For Respondent  :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.

The Hon'ble MR. Justice R.BASANT

 Dated :29/08/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                     Crl.M.C. No.3125 of 2008
                      -------------------------------------
              Dated this the 29th day of August, 2008

                                  ORDER

Petitioner faces indictment in a prosecution for offences

punishable, inter alia, under Sections 120 B and 471 I.P.C as also

Section 13 of the Prevention of Corruption Act. The petitioner is

not a public servant. He is alleged to have entered into a

criminal conspiracy with the co-accused, who include public

servants, for the commission of the crime. The petitioner was

arrested and enlarged on bail. Investigation is complete. Final

report has already been filed and C.C.No.1 of 2008 has been

registered against the petitioner and the other accused.

2. In the course of investigation, passport of the

petitioner was seized by the C.B.I. It is submitted that the said

passport is not seized as a document necessary for the proof of

the offence alleged in the case. It is also not disputed that the

passport is not surrendered as a condition for grant of bail.

When the petitioner was arrested, his passport was seized also.

That is all. The petitioner had earlier requested the court to

release the passport to him and the learned Special Judge had

Crl.M.C. No.3125 of 2008 2

once earlier directed release of the passport to the petitioner on

condition that he deposits an amount of Rs.1 lakh as security.

The passport was returned to the court and the amount of Rs.1

lakh was taken back by the petitioner. According to the

petitioner, he now needs his passport to travel abroad in

connection with his employment. He made an application before

the learned Special Judge and the learned Special Judge, by the

impugned order, directed release of the passport again on the

identical condition that the petitioner must deposit an amount of

Rs.1 lakh and the same must be retained in custody of the court

as cash security till the passport is surrendered back.

3. The petitioner claims to be aggrieved by this

direction. He submits that the passport is not a document to be

introduced in evidence of the case. It was not surrendered

before court as a condition for grant of bail. In these

circumstances, insistence on imposition of such a condition is

unnecessary, unreasonable and harsh. The petitioner is not now

able to raise the amount of Rs.1 lakh to be kept with the court as

security. In these circumstances, the said onerous condition may

be deleted, it is prayed.

Crl.M.C. No.3125 of 2008 3

4. The learned Standing Counsel for the C.B.I opposes

the prayer of the petitioner. The learned Standing Counsel

submits that there is very real chance of the petitioner fleeing

from justice. At the time of grant of bail, no condition relating to

the surrender of the passport was necessary as the passport had

already been seized and was available before court. The learned

Standing Counsel further submits that the petitioner is a person

who was employed by an employer at Bombay and that there is

nothing to show that he has to go abroad now. The learned

Standing Counsel submits that the present submission, that the

passport is required for him to travel abroad in connection with

his employment under his employer at Bombay, cannot be

accepted. At any rate, if this Court were pleased to modify the

conditions imposed, appropriate safeguards may be insisted,

submits the learned Standing Counsel.

5. Having considered all the relevant circumstances, I

am satisfied that there is merit in the opposition by the learned

Public Prosecutor. I am satisfied that the release of the passport

can be upheld. But the condition imposed can be modified to

make it reasonable and not unduly harsh.

6. In the result:

a) This Crl.M.C is allowed in part;

Crl.M.C. No.3125 of 2008 4

b) The condition imposed under the impugned order is

modified. It is directed that the petitioner can take back his

passport from the learned Special Judge on condition that the

petitioner intimates to the Special Judge the period during which

he requires the passport for his journey to abroad. If the learned

Special Judge is satisfied about the request, the passport shall be

released to the petitioner on condition that

i) The petitioner shall execute a bond for Rs.2 lakhs with

two solvent sureties each for the like sum to the satisfaction of

the learned Special Judge;

ii) In such bond, the petitioner shall undertake to

produce the passport back before the learned Special Judge on a

specified date after he performs his journey as required by him

in connection with his employment;

c) It is directed that, at any rate, the petitioner shall

surrender the passport back before the learned Special Judge

within a period of 3 months from the date on which such

passport is released to the petitioner.

(R.BASANT, JUDGE)

rtr/-