IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3795 of 2010()
1. SAIDALAVI, S/O. BEERAN, AGED 23 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
For Petitioner :SRI.K.P.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3795 OF 2010
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Dated 20th September, 2010
O R D E R
Petitioner, the second accused in
crime No.416/2010 of Medical College Police
Station filed this petition under Section
482 of Code of Criminal Procedure for a
direction to the learned Magistrate to
release the passport, surrendered by the
petitioner for releasing him on bail. By
Annexure-A3 order, learned Magistrate
dismissed his application. The petitioner
would contend that as evidenced by
Annexure-A1 passport he has to report back
to Saudi Arabia within 90 days from
25/6/2010, otherwise he cannot go there
again and in such circumstances, petitioner
is to be permitted to go to Saudi Arabia
Crmc 3795/10 2
and he will undertake that he will return back
immediately and would make himself available
for investigation. Learned counsel
submitted that the petitioner is also prepared
to settle the dispute with the de facto
complainant.
2. When Annexure-A1 passport shows that
petitioner has to return to Saudi Arabia within
90 days from 25/6/2010, there is force in the
submission that retention of the passport and
denial of opportunity to return to Saudi
Arabia would adversely affect the future of
the petitioner. In such circumstances, on
sufficient conditions passport can be released
to the petitioner.
Petition is allowed. Judicial First
Class Magistrate, Kunnamangalam is directed to
release the passport to the petitioner on
following conditions.
Crmc 3795/10 3
1) Petitioner shall execute a bond for
Rs.50,000/- (Rupees fifty thousand only) with
two solvent sureties each for the like sum
undertaking that he will return from Saudi
Arabia immediately after his entry there and he
would be available for
interrogation/investigation. At least one of
the sureties shall be a close relative of the
petitioner like his parents or brother or
sister.
2) Petitioner shall furnish his address at
Saudi Arabia and also the address of his
counsel or relative to whom notice is to be
served in case, petitioner is not to available
for investigation.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.