VINODAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The above revision petition is directed against the order dated 21.7.2014 in Crl. M.P. No. 1521/14 in Crime No. 549/11 of Varappuzha Police Station, at the instance of the petitioner therein, who is the 74th accused in the above crime. The grievance of the petitioner is that the prayer of the petitioner for releasing Passport was declined by the learned Magistrate, as per the impugned order, on flimsy ground. Therefore, he preferred the above revision petition with a prayer to set aside the above order.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) It appears that the petitioner is involved in a very serious crime in which the offences alleged against the accused, including the petitioner, are under sections 366(A), 372, 373, 376, 354 r/w 109 of IPC. It is also a fact that the police after conducting investigation laid the final report in the above crime 15 days back. However, it is relevant to note that by an order dated 11.9.2013 in Crl. M.A. No. 7084/13 in B.A. No. 5726/13, this Court directed the court below to modify the conditions appropriately. Accordingly, the petitioner again approached the committal court and by order dated 3.9.2013, his Passport was released for 3 months. Thereafter, the Passport was again released for a further period of 6 months as per the order in Crl. M.P. No. 3334/13. Though the petitioner preferred Crl. M.P. No. 1521/14 with the identical prayer, the learned Magistrate has declined the said prayer on the ground that he had failed to comply with the condition imposed as per the order in Crl. M.P. No. 3334/13 to surrender the Passport on the expiry of 6 months period. The learned counsel for the petitioner submitted that the 6 months period fixed as per the order in Crl. M.P. No. 3334/13 was expired on 4.7.2014, which was a Friday. According to the learned counsel, he had produced the Passport on 7.7.2014 on the next Monday after 4.7.2014 and there was a delay of 3 days. However, the learned Magistrate, holding that the petitioner has failed to surrender the Passport on 4.7.2014 in terms of the order in Crl. M.P. No. 3334/13, has rejected his application.