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Judgment
6 paragraphs · 262 wordsDr. Kauser Edappagath, J
Annexure A4 order passed by the Additional Sessions Court-I, Kasaragod is under challenge in this Crl.M.C.
The petitioner is the accused in SC No.125/2021. The offences alleged against him are under S.376 of IPC and S.3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. As per the condition imposed while granting bail, the petitioner surrendered his passport. The petitioner filed an application as Crl.M.P.No.969/2021 at the court below to release his passport to go abroad. According to him, he is employed at Sharjah. The court below dismissed the application as per Annexure A4 order on the ground that he may not be available at the time of trial.
I have heard Smt.Reeha Khader, the learned counsel for the petitioner and Sri.P.G.Manu, the learned Senior Public Prosecutor.
It is submitted by the learned counsel for the petitioner that now the matter has been settled between the parties and Crl.M.C.No.725/2021 is pending before this court to quash the proceedings on the ground of settlement. Annexure A3 affidavit sworn in by the de facto complainant also would show that the matter has in fact been settled. Since the matter has been settled, I am of the view that the passport can be released to the petitioner. However, the court below is free to impose condition that the petitioner shall appear before the court as and when directed. The court below is also free to impose such other conditions while releasing the passport as it deems fit.
Crl.M.C is disposed of as above.