ASHIQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is accused in the Manjeri Police Station, crime No. 182/2014. He was granted bail on certain conditions at the crime stage. In compliance of the conditions he surrendered his passport in court.

(2.) Later he filed CMP No. 4462/2014 to get his passport released, for going abroad. No doubt, the case will not come up for trial in the near future. It would be inappropriate and unjust that persons facing prosecution, must wait for years without utilising their job prospects and job opportunities. The learned Judicial First Class Magistrate-1, Manjeri, allowed the petition's application and ordered release of passport for 3 months on certain conditions. The petitioner is in fact not aggrieved by the conditions, but he is aggrieved by the period fixed by the court below.

(3.) In the particular facts and circumstances where there is no possibility of the case coming up for trial in the near future, I find that the passport can released to the petitioner on certain additional conditions, that the petitioner shall make a security deposit of Rs.15,000.00 in the court below, and he shall make personal appearance during trial, as and when required by the trial court.