IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4757 of 2010()
1. K.A.MADHU, AGED 38 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SMT.T.V.NEEMA
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4757 OF 2010
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Dated 6th December, 2010
O R D E R
Petitioner, the third accused in
Crime No.181/2007 of Feroke Police Station
registered for the offences under Section 6
read with Section 4 of Cinematographic Act
and Section 7(1)(a) of Indecent
Representation of Women (Prohibition) Act,
1988 was granted anticipatory bail under
Annexure-A order on conditions. Second
condition was that he shall appear before
the Station House Officer, Feroke on all
Mondays and Saturdays between 9 a.m and 10
a.m. Fourth condition was that he shall not
leave Kozhikode District without the
permission of the Court. Fifth condition
was to surrender his passport. Petitioner
Crmc 4757/10
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filed Crl.M.P.2989/2010 seeking to lift
condition No.5 contending that he obtained
construction work at Singapore and to enable
him to travel to Singapore, passport is
necessary. He also filed Crl.M.P.3174/2010 to
delete other conditions. By Annexure-C order,
learned Magistrate modified the second
condition by altering the condition to appear
before the investigating officer only on all
alternate Sundays till completion of the trial.
By Annexure-D order prayer to delete condition
No.5 was rejected. Petition is filed under
Section 482 of Code of Criminal Procedure to
quash Annexures-B and C orders and delete the
conditions.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were
heard.
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3. The crime was registered in 2007. By
Annexure-A order dated 16/2/2008 learned
Sessions Judge directed the petitioner to
appear before the investigating officer and
also directed not to leave Kozhikode district
without permission of the Court. As the
petitioner has complied with the condition, I
do not find it necessary to continue the same
hereafter. Only a direction that the petitioner
shall appear before the investigating officer
as and when required will be sufficient.
Petitioner did not produce any material in
support of the claim that he got visa to travel
to Singapore as alleged. In such circumstances,
if the petitioner files an application before
the Magistrate and produces necessary documents
in support of the claim that he has to go to
Singapore, learned Magistrate shall permit
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him, imposing sufficient conditions.
Petition is allowed in part. Condition
Nos.2 and 4 in Annexure-A order is deleted
providing that hereafter the petitioner need
appear before the investigating officer only as
and when required. Learned Magistrate is
directed to consider the application for
releasing the passport, if petitioner files an
application and produces necessary documents
warranting his travel to a foreign country. If
permission is to be granted, Magistrate shall
impose necessary conditions.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.