IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4082 of 2009()
1. T.M.RABITH, AGED 33 YEARS,
... Petitioner
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :14/01/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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Crl.M.C.NO.4082 OF 2009
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Dated 14th January 2010
O R D E R
Petitioner is the accused in Crime
No.663/2009 of Vatakara police station
registered for the offences under Sections
324 and 308 of Indian Penal Code. By
Annexure-A1 order, he was released on bail
on conditions. One of the condition is that
he shall surrender his passport and shall
not leave the jurisdiction of Vatakara
police station without previous permission
of the investigating officer. He was also
directed to report before the investigating
officer on all days in between 8 and 10
a.m for a period of two weeks and
thereafter on all Mondays, till the final
report is filed. Petitioner filed
Crmc 4082/09
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Crl.M.P.3371/2009 before the Sessions court for
modifying the condition and to permit him to go
abroad contending that as he is employed, if he
is not permitted to go abroad, it would
affect his livelihood.
2. By Annexure-A3 order learned
Sessions Judge allowed the petition in part.
But none of the conditions were modified and it
was only found that if period of passport is
to expire, petitioner could take steps to renew
the passport. This petition is filed under
Section 482 of Code of Criminal Procedure to
lift condition Nos.2,3 and 5 in Annexure-A1
order.
3. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
4. Learned Public Prosecutor submitted
Crmc 4082/09
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that though investigation is not completed, it
is almost over and final report could be filed
without much further delay. Learned Public
Prosecutor submitted that though an offence
under Section 308 of Indian Penal Code is also
alleged, it is based on the allegation that if
the injured had not evaded, when the petitioner
hit him with a stone, it would have caused his
death and the injury is not grievous. In the
nature and circumstances of the case, it is not
in the interest of justice to prevent the
petitioner from going abroad and thereby cause
loss of his employment in Gulf. On sufficient
undertaking, petitioner could be permitted to
go abroad and for that purpose the conditions
could be modified or lifted.
5. If the investigating officer wants
to interrogate the petitioner further he could
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be directed to be present before the
investigating officer on particular days before
he leaves India. If petitioner is to be
permitted to go abroad, there should be
sufficient assurance that he would be available
for trial.
Petition is disposed lifting condition
Nos.2 and 5. The petitioner is entitled to get
the passport released from the Magistrate on
the following conditions.
1) petitioner shall appear before the
investigating officer on 21/1/2010, 22/1/2010
and 23/1/2010 between 10 and 12 a.m.
Investigating officer shall interrogate him,
if necessary on those days. Petitioner shall
execute a bond for Rs.1,00,000/- (Rupees One
Lakh only) with two solvent sureties each for
the like sum before the Magistrate, undertaking
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to return to India and will be available for
trial as and when required in this case. On
execution of bond, passport shall be released
to the petitioner. Petitioner is permitted to
leave India for six months from the date of
the release of the passport and shall appear
before the Magistrate within six months from
that day. Petitioner shall also furnish his
address in the Gulf country as well as the
address of his counsel, to whom notice is to be
issued, if warranted, by the investigating
officer for his appearance.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.