SUBAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the second accused in Crime No.117 of 2010 of Valanchery police station for offence punishable under Section 377 read with 34 of the Indian Penal Code. PETITIONER was granted bail subject to conditions including that he shall surrender his passport in the trial court. Accordingly petitioner surrendered his passport in the court of learned Judicial First Class Magistrate. It is stated that petitioner got employment abroad, his Visa is about to expire and he wanted to go abroad. For the said purpose petitioner filed Crl.M.P. No.62 of 2011 for return of passport. Learned Sessions Judge considering the objection raised by the Investigating Officer has dismissed that application vide Annexure- 3, order. That order is under challenge. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned Public Prosecutor submitted that final report has already been filed in the court of learned Judicial First Class Magistrate, Tirur.

(2.) SINCE final report has already been filed it may be possible for the learned Magistrate to commence trial of the case without delay. If petitioner is not permitted to go abroad, he may lose his job. At the same time, presence of petitioner in the court of trial has to be ensured. Hence I am inclined to permit petitioner to go abroad for a period of three months subject to conditions. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-3, order is set aside and Crl. M.P. No.62 of 2011 is allowed in the following lines: