SABIRA P T Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED No.2 in Crime No.798 of 2010 of Tirurangadi police station is the petitioner before me challenging Annexure-4, order dated January 06, 2011 in Crl. M.P. 1798 of 2010 in Crl. M.C. No.1278 of 2010 of the court of learned Sessions Judge, Manjeri. Petitioner, along with another is accused of offence punishable under Section 420 read with Section 34 of the Indian Penal Code. Petitioner was granted anticipatory bail as per order dated December 14, 2010 in Crl. M.C. No.1278 of 2010 subject to certain conditions which included that she shall surrender her passport in the trial court. Accordingly petitioner surrendered the passport. In order to visit China for one month she requested learned Sessions Judge vide Crl. M.P. No.1798 of 2010 to release the passport. That application was dismissed by the learned Sessions Judge since investigation is not completed. Learned counsel submitted that petitioner is prepared to comply with any condition. 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 one month from this day or until her presence is required for investigation or trial of the case whichever is earlier. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-4, order is set aside and Crl. M.P. No.1798 of 2010 is allowed in the following lines: