Eappan M. Thomas vs State Of Kerala

The petitioner is aggrieved by Annexure-A2 order, dismissing his application for lifting the condition No.2 in Annexure-A1 order, imposed while

granted him bail in Crime No.289/2019 of Chathannoor Police Station. By condition No.2, petitioner was directed to surrender his passport before the

jurisdictional court within 15 days. By Annexure-A2, the request for modification of the condition was rejected, and the learned Sessions Judge

directed the jurisdictional Magistrate to dispose the case within six months.

Annexure-A2 order was passed on 27.09.2019. According to the learned Counsel for the petitioner, even as on today, final report has not been

filed. The learned Counsel further submitted that, validity of the passport surrendered in terms of Annexure-A1 order has expired and he is only

seeking modification of condition No.2 for the purpose of getting his passport revalidated. It is specifically stated that as of now, the petitioner does not

intend to leave the country, he shall get prior permission from the jurisdictional court. I consider the request to be reasonable, especially since the final

report is not filed.

In the result, the Criminal M.C.is disposed of, modifying condition No.2 in Annexur-A1. The jurisdictional Magistrate court shall return the

petitioner's passport for sole purpose of getting it revalidated. Necessary orders in this regard shall be passed by the learned Magistrate on the

petitioner filing an affidavit undertaking to re-submit the passport after revalidation and such other conditions which the learned Magistrate deems

appropriate. The Criminal M.C.is disposed of accordingly.