LAWS(KER)-2015-4-83

SUNIL BABU Vs. STATE OF KERALA

Decided On April 24, 2015
Sunil Babu Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THIS is an application filed by the petitioner to modify the condition imposed by the court below and directed the magistrate to release the passport under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that, the petitioner was arrayed as 4th accused in C.C. 609/2011 on the file of the Judicial First Class Magistrate Court -II, Perinthalmanna. It was originated on the basis of Crime No. 299/2011 of Melattur police station, alleging offences under Section 143, 147, 341, 323, and 324 read with Section 34 of the Indian Penal Code and he was charge -sheeted along with four accused persons. After investigation final report was filed and it was taken on file as C.C. No. 609/2011 on the file of the Judicial First Class Magistrate Court -II, Perinthalmanna. Thereafter he appeared and he was released on bail. Later he obtained job in Saudi Arabia and so he could not appear. Other accused, except first accused faced trial and the prosecution witnesses were examined and the accused were questioned under Section 313 of the Code of Criminal Procedure. Since he was absconded at that time, the case against him was split up and refilled as C.C. No. 107/2014. Since he apprehended that, he will be remanded on his appearance, he moved this court by filing Crl. M.C. No. 6637/2014 and this court directed the petitioner to surrender and directed the magistrate to consider and dispose of the bail application on the date of filing the application itself as per Annexure -2 order. Accordingly, he surrendered before the court below and he was released on bail, on executing a bond for Rs. 20,000/ - and also with sureties and also surrender his passport. Accordingly he surrendered his passport. His visa expires on 27.04.2015. If he was not permitted to go abroad, he will lose his employment. So he has no other remedy except to approach this court, seeking the following relief:

(3.) THE counsel for the petitioner submitted that, he will be satisfied with the direction to consider the application filed by him for release of the passport for a temporary period for renewing the visa and go abroad as provided in Asok Kumar v. State of Kerala [2009 (2) KLT 712] and Muhammed v. State of Kerala [ : 2012 (4) KLT 655].