High Court Kerala High Court

Radha @ Radhamani @ Radhachi vs State Of Kerala on 30 July, 2009

Kerala High Court
Radha @ Radhamani @ Radhachi vs State Of Kerala on 30 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1889 of 2009()


1. RADHA @ RADHAMANI @ RADHACHI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DEPUTY SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.JOHN VARGHESE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :30/07/2009

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.1889 of 2009
            --------------------------

                       ORDER

Petitioner is the third accused in Crime No.

88/2008 of CBCID, SIG-III, Kozhikode. Case was

registered for offences under Sections 406, 465,

468, 471, 477 and 120B read with Section 34 of

Indian Penal Code. As per Annexure-A1 order dated

16.9.2008, this Court granted bail to the

petitioner on conditions. The first condition was

that petitioner shall surrender her passport within

seven days of her release from custody, before the

Magistrate Court concerned. Petitioner surrendered

the passport and she was released on bail. Under

Annexure-A3 order dated 8.1.2009, Condition Nos.2

and 3 in Annexure-A1 order was lifted, making it

clear that petitioner is entitled to approach the

Magistrate for return of the passport. Petitioner

filed C.M.P.No.159/2009 before the Magistrate for

getting the passport released. Under Annexure-A4

CRMC 1889/09
2

order, learned Magistrate dismissed the petition

holding that investigation is in progress and

hence, if the passport is released, she would go

abroad and it would adversely affect the

investigation. This petition is filed under

Section 482 of Code of Criminal Procedure to quash

Annexure-A4 order and to release the passport.

2. Learned counsel appearing for the petitioner

and learned Public Prosecutor were heard.

3. Learned counsel appearing for the petitioner

submitted that daughter of the petitioner is

settled in Brunei and she has to visit her daughter

and therefore, the passport is to be released.

Learned counsel submitted that petitioner is

prepared to co-operate with the investigation and

will return to India within six months and if

necessary, she will return earlier, for the purpose

of investigation and in such circumstances, the

passport be released.

CRMC 1889/09
3

4. Learned Public Prosecutor submitted that

fifth accused is yet to be apprehended and report

from the Forensic Science Laboratory is yet to be

received and therefore, for further investigation,

interrogation of the petitioner may be necessary

and if the passport is released, petitioner may not

be available for further interrogation and will not

even be available for trial and in such

circumstances, the passport cannot be released.

5. Petitioner was granted bail as early as on

16.9.2008. There was a direction to the petitioner

to appear before the Investigating Officer on every

Monday until further orders and it was lifted only

on 31.10.2008 and even there, petitioner was

directed to appear before the Investigating Officer

on the first Monday of every month. In such

circumstances, I find that on the ground of

questioning the petitioner, her passport need not

be retained. If the apprehension is that petitioner

will not be available for interrogation or trial,

CRMC 1889/09
4

sufficient conditions could be imposed.

In such circumstances, Annexure-A4 order is

quashed. Judicial First Class Magistrate-I,

Ernakulam is directed to release the passport to

the petitioner, on filing an undertaking before the

court to the effect that she is prepared to appear

before the Investigating Officer as and when

necessary with sufficient notice and also

undertaking that she will appear before the court

at the time of trial. Petitioner shall return to

India within six months from the date of leaving,

after getting the passport released.

Petition is disposed.

30th July, 2009 (M.Sasidharan Nambiar, Judge)
tkv