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.
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Crl.M.C.No.3844 of 2008
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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.
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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
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Crl.M.C.No.3844/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008