SALAHUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the sole accused in Crime No. 409 of 2009 of Kannur Town police station. He had been on bail in that case. Later, he absconded and went abroad. He was arrested for the case on 6/3/2021, issuing a production warrant while he was under detention in connection with some other cases. From 6/3/2021 onwards, he is in judicial custody for this crime. At that time he moved an application before the Sessions Court for bail, Crl.M.C. No. 1069 of 2021, which was allowed imposing certain conditions, among other things, that he shall surrender his passport. Contending that he had lost his passport, he moved the Sessions Court again with Crl.M.P. No. 1393 of 2021. By Annexure-C order, taking into account the objection raised by the prosecution and also the track record of the petitioner, the learned Sessions Judge, Thalassery dismissed the application. Aggrieved by the same, petitioner has moved this Court for deleting/modifying condition No. 2 in Annexure-B order.

(2.) I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.

(3.) According to the learned counsel for the petitioner, he had lost his passport while working abroad and thus he was deported from abroad, from 2018 onwards he is in India; at that time he was working in New Delhi as a driver and was arrested when he had returned to the native place. According to the learned counsel, since he does not have a passport, the said condition is impossible to comply, that there is no alternate condition that he should furnish an affidavit, that he shall not leave the country during the pendency of the proceedings.