FAHAD Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the 11th accused in Crime No.930/09 of Kannur Town Police Station to set aside the order passed in Annexure 3 and for release the passport under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that he is the 11th accused in Crime No.930/09 of Kannur Town Police Station alleging offence under Section 395 of Indian Penal Code. It is also alleged in the petition that though he filed an application for anticipatory bail before this court, this court has dismissed the application directing the petitioner to surrender and move for regular bail. Accordingly, he surrendered before the Judicial First Class Magistrate Court, No -I, Kannur and moved for regular bail and the learned magistrate has granted bail with conditions inter alia to surrender his passport as a condition for releasing him on bail and accordingly, he surrendered his passport. Now, the investigation of the case is over and after investigation, final report was filed and the case was committed to Sessions Court. The petitioner filed Crl.M.P.No.3941/13 before the Sessions Court for releasing his passport. But, that was dismissed by the learned Sessions Judge by Annexure A3 order. Aggrieved by the same, the present petition has been filed seeking the following relief:

(3.) ON the other hand, the application was opposed by the Public Prosecutor on the ground that since he was absconding during the course of investigation, as condition for granting bail, the learned magistrate has directed the petitioner to surrender the passport and if it released to him, he is likely to abscond again and his presence could not be procured for the purpose of trial. So, according to the Public Prosecutor, the order passed by the Sessions Judge is perfectly legal.