High CourtsSingle Bench

Abdul Nazer N vs State Of Kerala

High Court Of Kerala · Decided on 17 November 2021 · Citation: (2021) 11 KL CK 0104

HON’BLE JUDGES
K.Haripal, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 5483 Of 2021
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Judgment

8 paragraphs · 299 words

K.Haripal, J

1.

Petitioner is the second accused in C.C. No. 345/2021 on the file of the Judicial First Class Magistrate Court - I, Hosdurg. It is based on a crime of the year 1991. Two of the accused have faced trial in C.C. No. 468/1995. From that period onwards, the petitioner and another accused remained absconding. Thereafter, he was arrested for the case on 23.03.2021 and the case was refiled. He was granted bail, imposing certain conditions; one of the conditions was that he should surrender the passport.

2.

Now the learned counsel for the petitioner submits that his visa will expire within a period of one week and if the passport is not released and he is not allowed to go abroad, his visa will expire and that would adversely affect his career. He has also invited my attention to Crl.M.C. No. 4719/2021 which is a petition for quashing the proceedings on the ground of settlement reached with the defacto complainant. Both the matters were taken together and it is certain that for disposal of Crl.M.C. No. 4719/2021, some more time may require.

3.

Therefore, the passport of the petitioner can be released for a period of one month on the following conditions:-

i) He shall make a security deposit of Rs.25,000/-(Rupees Twenty Five Thousand only) before the trial court, which shall be refundable on the termination of the proceedings or when he surrenders back the passport, whichever is earlier;

ii) He shall give an undertaking by way of an affidavit before the Magistrate that he shall appear before the Court as and when necessary;

iii) He shall also furnish his itinerary and whereabouts before the Investigating Officer as well as the CMO of the court and the Public Prosecutor concerned.

Crl.M.C. is disposed of as above.