Dipin K.V. vs State of Kerala

Thomas P. Joseph, J.—Petitioner is the 4th accused in Crime No. 88 of 2009 of Perambra Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 294(b) and 307 read with Section 149 of the Indian Penal Code (for short, "the IPC"). Learned Sessions Judge granted bail on 16.3.2009 subject to the condition that he surrendered his passport. That condition was complied. Later, as per order of this Court in Crl.R.P. No. 1761 of 2009 passport was released to the Petitioner to enable him go abroad for a period of 3 months. That period was later extended and as it stands, Petitioner has permission to stay abroad until 17.5.2011. This petition is seeking extension time by six months. It is stated that the police has not so far submitted final report in the case.

I have heard the learned Public Prosecutor as well. Learned Public Prosecutor submitted that it was submitted on behalf of prosecution in this Court on 18.11.2010 that report of chemical analysis is being awaited for submission of final report. Having regard to the circumstances stated, I am inclined to grant extension subject to conditions.

Resultantly this Crl.M.C. is allowed permitting Petitioner to stay abroad for a further period of three (3) months from 17.5.2011 subject to the condition that if during the said period of three months his presence in the trial court is required, he shall appear before the trial court and produce the passport in that court.