MUSTHAFA Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is accused in Crime No.582 of 2010 of Nadapuram Police Station for offences punishable under Secs.143, 147, 148, 341, 308, 153A, 364 and 307 r/w 149 of the Penal Code. PETITIONER was granted bail by the learned Sessions Judge, Kozhikode as per order in Crl.M.C.No.1418 of 2010 but subject to conditions which included that petitioner shall surrender his passport and a direction to appear before the investigating officer on all days. PETITIONER is employed abroad and filed Crl.M.P.No.3469 of 2010 for modification of the conditions and to release the passport. It is stated that petitioner reached his native place on 02.08.2010 and has to re-enter Doha within 180 days of the said date, otherwise his visa will be cancelled. PETITIONER has to re-enter Doha on or before 26.01.2011. Learned Sessions Judge was not inclined to lift the conditions and dismissed the application. That order is under challenge. Learned counsel requested that petitioner may be permitted to go abroad so that his visa is not cancelled. It is submitted that petitioner is prepared to return to his native place as and when directed either for investigation or trial of the case. PETITIONER is also prepared to abide by any condition this court may impose.

(2.) LEARNED Public Prosecutor submitted that of the 50 accused involved in the case, some have already gone abroad. The investigating officer apprehends that if permitted to go abroad, petitioner never return and that would prolong trial of the case.