ROOPESH K Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner challenging the order passed in Crl. M.P. No. 1827/14 of Sessions Court, Thalassery under Section 482 of Code of Criminal Procedure.

(2.) It is alleged in the petition that petitioner has been arrayed as 5th accused in Crime No. 555/09 of Thalassery Police Station along with others alleging offences under Sections 395, 399, 411, 120(B) read with Section 34 of Indian Penal Code. After investigation, final report was filed and it was committed to the Court of Sessions and after committal, it was taken on file as S.C. No. 619/11 and it was made over to Additional Assistant Sessions Court, Thalassery for disposal and it is pending before that court. The petitioner is employed in Gulf country for the last seven years. When he came to native place on leave during 2013, he was arrested and as per Annexure 1 order, bail was granted to him on condition of deposit of the passport. Though he was regularly appearing, the case could not be taken up. So, he filed an application for lifting the condition and release the passport as Crl. M.P. 1827/14 before the Sessions Court, Thalassery and the learned Sessions Judge dismissed the application by Annexure 4 order which is being challenged by the petitioner by filing this petition.

(3.) Heard the Counsel for the petitioner and the learned Public Prosecutor.