SUBHASH Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is accused No.1 Crime No.316 of 2009 of Payyoli police for offences punishable under Sections 406, 354 and 498A read with Section 34 of the Indian Penal Code. Learned Sessions Judge granted anticipatory bail to the petitioner subject to conditions which included that he shall surrender his passport in the trial court. Accordingly petitioner surrendered the passport. Later petitioner got employment abroad and requested learned Sessions Judge vide Crl. M.P. No.2493 of 2010 to release the passport. That application was dismissed by the learned Sessions Judge as per Annexure-III, order dated September 23, 2010 for the reason that investigation is completed, final report is already filed and trial of the case could be expedited. Learned counsel submitted that the de facto complainant has filed a protest complaint against the final report and it is not likely that trial of the case will be concluded immediately. It is submitted that if the passport is not returned, petitioner my lose his j ob. I have heard learned Public Prosecutor also.

(2.) HAVING regard to the facts and circumstances of the case I am inclined to permit petitioner to go abroad for a period of six months from this day or until his presence is required for investigation or trial of the case whichever is earlier. Resultantly, this Criminal Miscellaneous Case is allowed, Annexure-III, order is set aside and Crl. M.P. No.2493 of 2010 is allowed in the following lines: