IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1633 of 2009()
1. NASEER KOLAPPALA, S/O. MOHAMMED,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :26/05/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No.1633 &1641 OF 2009
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Dated this the 26th day of May,2009
ORDER
Petitioner is the second accused in Crime
No.226/2006 of Medical College Police Station,
Kozhikode. The allegation is that he committed
offence under section 489B read with section 34
of Indian Penal Code along with other accused.
As per order dated 20.2.2009, this court
granted bail to the petitioner in bail
application 685/2009. One of the conditions
imposed was that he shall not leave the limits
of the Police Station within which the crime is
registered, except with the previous permission
of the Magistrate. Crl.M.C.1641/2009 is filed
to lift the said condition. The passport of
the petitioner was seized by the police during
investigation and was produced before the
learned Magistrate. Petitioner filed
Crl.M.C.1633 & 1641 of 2009 2
C.M.P.1095/2009 before Judicial First Class
Magistrate under section 451 of Code of Criminal
Procedure to release the passport contending that
he is working in Qatar and if he fails to report
at Qatar before 30.5.2009 his visa will expire and
he will loose the employment therein and therefore
the passport is to be released. The prosecutor
opposed the application contending that if the
passport is released, he will leave India and there
is every chance for repeating the crime. Learned
Magistrate dismissed the petition as per order
dated 11.5.2009 holding that considering the
seriousness of the offence and the submission of
the Prosecutor he is of the opinion that the
passport shall not be released to the petitioner at
this stage. Crl.M.C. 1633/2009 is filed to quash
that order and to grant interim custody of the
passport.
2. Learned counsel appearing for the
petitioner and the learned Public Prosecutor were
Crl.M.C.1633 & 1641 of 2009 3
heard.
3. Learned counsel appearing for the
petitioner submitted that unless the passport is
released the period of visa cannot be extended and
he would lose his entire business and the very life
and therefore in the interest of justice he is to
be permitted to leave India and to be away for two
months and for that limited purpose passport is to
be released. Learned counsel also submitted that
petitioner is prepared to give any security
including that of his close relatives and
unconditional undertaking to appear before the
court within two months from that date and
therefore his passport be released and the
condition while granting bail be lifted.
4. Learned Public Prosecutor opposed the
application submitting that if petitioner leaves
India, he may not return and there is every chance
for repeating the offence and therefore the
passport cannot be released.
Crl.M.C.1633 & 1641 of 2009 4
5. The order for bail granted by this court
does not contain a prohibition against leaving
India. It only contains the condition that
petitioner shall not leave the limits of the Police
Station, within which the crime is registered
except with the previous permission of the
Magistrate. Therefore petitioner is entitled to
seek permission of the Magistrate and leave India,
if it is permissible. Therefore I find no reason
to lift the condition in the bail order as sought
for. With liberty to the petitioner to move the
Magistrate for permission, Crl.M.C.1641/2009 is
disposed.
6. The case of the petitioner is that the
period of his visa will expire unless the passport
is released and petitioner could go over to Qatar
and if he fails, his entire business will be
ruined. Learned counsel submitted that petitioner
is prepared to give any security or guarantee
including that of his close relatives and will
Crl.M.C.1633 & 1641 of 2009 5
assure that he will appear within the time
stipulated by the Magistrate and therefore the
passport may be released.
7. In the light of this submission of the
petitioner that he is prepared to seek permission
of the Magistrate to leave India for a limited
purpose and he is prepared to give any security
and guarantee for his return within two months
learned Magistrate may consider the application to
leave India for the short period and to release the
passport for that purpose on getting sufficient
security and guarantee that he will return and
appear within the stipulated time.
Petitions are disposed accordingly.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006