RASHID Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.582 of 2010 of Nadapuram Police Station for offences punishable under Sections 143, 147, 148, 341, 308, 153A, 364 and 307 read with Section 149 of the Indian Penal Code (for short, "the IPC"). By Annexure-1, order learned Sessions Judge, Kozhikode granted him bail on 04.11.2010 subject to conditions which included that petitioner shall surrender his passport in the trial court. Accordingly petitioner surrendered his Passport. Petitioner states that he, who is employed abroad came to his native place on 19.09.2010 and has to return before 15.03.2011. Petitioner therefore requested learned Sessions Judge to release the Passport and filed Crl. M.P.No.3444 of 2010. But that application was dismissed by the learned Sessions Judge as per Annexure-3, order dated December 21, 2010 observing that petitioner is involved in serious offences. That order is under challenge. Learned counsel submits that petitioner is prepared to abide by any condition that may be imposed by this Court and that petitioner will not dispute his identity. It is also submitted that petitioner is prepared to appear in the committal/trial court on the expiry of three months from the date of release of the Passport or if necessary, as and when required to do so even before that. I have heard learned Public Prosecutor also. Learned Public Prosecutor submitted that petitioner is involved in serious offences and that his presence during the course of trial is to be ensured.

(2.) It is seen that investigation of the case is not completed and a few more accused are to be apprehended. Petitioner was arrested on 24.10.2010 and was released on bail. It would appear that it may take some time for completing investigation. Having regard to the difficulties expressed by the petitioner I am inclined to allow the request made by petitioner on conditions so that committal/trial proceedings are not stalled on account of absence of petitioner. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-3, order is set aside and in Crl. M.C.No.1400 of 2010 is allowed in the following lines: