High Court Kerala High Court

Tubin Baby vs The Sub Inspector Of Police on 21 October, 2008

Kerala High Court
Tubin Baby vs The Sub Inspector Of Police on 21 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3844 of 2008()


1. TUBIN BABY, S/O.K.J. JOHN,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.K.R.SUNIL

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :21/10/2008

 O R D E R
                          R.BASANT, J.
                       ----------------------
                    Crl.M.C.No.3844 of 2008
                   ----------------------------------------
            Dated this the 21st day of October 2008

                              O R D E R

The petitioner who faces allegations in a crime registered

alleging offences punishable under Sections 493 and 420 read

with 34 I.P.C; who has been released on bail subject to

conditions as per Annexure A3 order passed by the Additional

Sessions Judge, Alappuzha in Crl.M.P.No.7860/2008 dated

07/10/2008 subject to conditions; who is employed abroad and

who, to secure his continuance in employment is obliged to

report back to his place of employment, now prays that the

conditions imposed on him to surrender his passport and to

report before the investigating officer (conditions 2 and 4) may

now be deleted to facilitate his return to his place of

employment. He submits that any appropriate further conditions

may be imposed and he shall ensure that he is available before

court if so directed within a period of sixty days of such

direction. He submits that notices to be served on him can be

served on his counsel and that can be reckoned as sufficient

notice to him.

Crl.M.C.No.3844/08 2

2. Notice given. The learned Public Prosecutor does not

oppose the application. The learned Public Prosecutor only

prays that appropriate conditions may be imposed to ensure that

the petitioner shall be available when necessary.


      3.    In the result,

      a)    This Crl.M.C is allowed.

      b)    Conditions 2 and 4 imposed on the petitioner as per

Annexure A3 order are deleted subject to the further condition

that the petitioner must make a cash deposit of Rs.25,000/-

(Rupees twenty five thousand only) before the court below and

execute a bond undertaking to appear before the court if a

direction to that effect is served on his counsel within a period of

sixty days from the date of such direction. If the above

conditions are satisfied, the passport surrendered by him shall

be released to the petitioner.

4. Hand over copy of this order to the learned counsel

for the petitioner.

(R.BASANT, JUDGE)
jsr

Crl.M.C.No.3844/08 3

Crl.M.C.No.3844/08 4

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008