BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is accused No.7 in Crime No.713 of 2010 of Nadapuram Police Station for offences punishable under Sections 143, 147, 148 and 153A read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act,1908. PETITIONER was granted bail by the learned Sessions Judge, Kozhikode subject to certain conditions including that he shall report to the Investigating Officer on every alternative days for a period of one month and thereafter, on all Sundays till trial is over and that he shall surrender his passport in the trial court. PETITIONER accordingly surrendered his passport. Now, petitioner who is employed abroad wants to report for duty and he has been asked to report for duty on 10.01.2011 or else he will loose his job. That time is extended till 26.01.2011 vide Annexure-A3. PETITIONER therefore filed Crl.M.P.No.77 of 2011 before the learned Sessions Judge to lift the condition and release his passport. That application was dismissed vide Annexure-A4 stating that presence of petitioner is required for trial. Learned counsel for petitioner contends that petitioner is willing to abide by any condition that may be imposed in the matter and if not he will loose his job.

(2.) I have heard learned Public Prosecutor also who after getting instructions has submitted that of 30 accused some are yet to be apprehended and that the investigation is in the preliminary stage but, for the purpose of investigation presence of the petitioner is not required.