P M HAMSA Vs. NASEETHA MANJUKANDY

JUDGEMENT

(1.) PETITIONER is accused No.4 in Crime No.223 of 2005 of Kannur Town Police Station and accused in L.P.C.No.98 of 2010 and C.C.No.65 of 2011 of the court of learned Judicial First Class Magistrate-I, Kannur. He, along with his younger brother and others was charge sheeted by the Kannur Town Police for offences punishable under Sections 323, 406, 420, 498A and 506(ii) read with Section 34 of the Indian Penal Code on a complaint preferred by respondent No.1, wife of younger brother of petitioner alleging cruelty, harassment, etc. Accused No.2 was acquitted after trial in C.C.No.290 of 2005 on 25.04.2008, accused No.3 expired during pendency of trial and the case against petitioner was split up and refiled as C.C.No.315 of 2009. Later it was included in the L.P.Register as L.P.C.No.98 of 2010. In the meantime petitioner surrendered and was granted bail. C.C.No.65 of 2011 stands posted on 16.05.2011. As a condition for grant of bail petitioner has surrendered his passport. PETITIONER says that he came to his native place from abroad for 90 days and if he is not able to go back on time he will loose his job and visa. Learned counsel requested that petitioner may be permitted to go abroad. It is submitted that there is no dispute regarding identity of petitioner and that trial will not be stalled since petitioner is prepared to take part in the trial through counsel and file necessary affidavit before the learned Magistrate. I have heard learned Public Prosecutor.

(2.) HAVING regard to the circumstances stated by learned counsel I am inclined to allow the request. Resultantly this petition is allowed in the following lines: