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Judgment
15 paragraphs · 302 wordsDr. Kauser Edappagath, J
The petitioner seeks to modify conditions Nos. 2 and 4 in Annexure A4 order passed by the Sessions Court, Kasaragod.
The petitioner is the accused in Crime No.784/2021 of Nileshwaram Police Station for the offence punishable under Section 498A of IPC.
He was granted pre-arrest bail by the court below on certain conditions. The condition No.2 is that he shall appear before the investigating officer
on every Saturdays between 10 am and 1 pm, for a period of three months or till the final report is filed. The condition No.4 is that he shall surrender
his passport before the court within 10 days from the date of his release from judicial custody.
This Crl.MC has been filed to lift the condition Nos. 2 and 4 mentioned above on the ground that the petitioner wants to leave India. The petitioner
is an Ophthalmologist having Post Graduate degree in ENT. Annexure A3 would show that he has got admission for MCH degree in Surgery Super
Specialty at Edge Hill University, Lancashire, U.K.
The petitioner has to obtain prior permission of the court below to go abroad since he is involved in a criminal case. Considering the fact that the
petitioner is a doctor by profession and he has already obtained admission for further studies at U.K., the prayer sought by the petitioner appears to be
genuine. Hence I am of the view that the Crl.M.C can be disposed of with the following direction:
The petitioner shall approach the jurisdictional court seeking permission to go abroad to pursue his final studies. The learned Judge/Magistrate shall
dispose of the said petition without delay. Needless to say, in the event of granting permission, the condition No.2 in the bail order shall stand revoked.
The Crl.M.C is disposed of.