Riyas vs State of Kerala

M. Sasidharan Nambiar, J.—Petitioner the first accused in Crime 172/2009 of Koduvally Police Station registered for the offence under Sections 143 147 148 308 353 332 read with Section 149 of Indian Penal Code and Section 3(2)(c) of the P.D.P.P. Act was granted bail by Sessions Court, Kozhikode, under Annexure 1 order on conditions. This petition is filed u/s 439(1)(b) of Code of Criminal Procedure to lift condition No. 2, 5 and 6.

Learned Counsel appearing for the petitioner and the learned Public Prosecutor were heard.

Learned Counsel submitted that petitioner was released on bail on 1.6.2009 and he has been complying with the direction to report before the Investigating Officer and at this stage it is not necessary to continue the said condition and therefore condition No. 2 be lifted. It is also submitted that petitioner now got an employment in UAE and he is prepared to abide by any condition and unless he is permitted to join his employment in UAE it will result in undue hardship and loss of employment and in such circumstances condition No. 5 the direction to surrender the passport as well as condition No. 6 that petitioner shall not leave the jurisdiction of Koduvally Police Station without the previous permission of the court be deleted.

Learned Public Prosecutor submitted that the investigation is under progress and the remaining accused are to be apprehended.

As petitioner was released on bail as early as 1.6.2009 continuation of the original condition directing petitioner to appear before the Investigating Officer on every Monday till a final report is filed is not necessary. Therefore condition No. 2 is modified to the effect that petitioner need hereafter appear only as and when required by the Investigating Officer.

Petitioner in compliance with condition No. 5 already surrendered his passport before the trial court. Therefore the said condition need not be lifted. The question is whether petitioner is to be permitted to leave India and to enable the same, his passport is to be released. Considering the nature of the offence I do not find that it is necessary to retain the petitioner in India, when the other accused are yet to be apprehended so as to deny him the employment. When the investigation is not yet completed and there is no prospect of completion of a trial within a reasonable period, it is not in the interest of justice to deny permission sought for by the petitioner to join employment and thereby deny him the employment he obtained in gulf countries. To assure the presence of the petitioner, sufficient condition could be imposed.

Hence condition in Annexure 1 is lifted and condition No. 5 is modified as follows:-. Judicial First Class Magistrate-I, Thamarassery is directed to release the passport to the petitioner on executing a bond for Rs. 50,000/- with two solvent sureties for the like sum, out of which one should be a close relative of the petitioner like parents, siblings or wife undertaking that he would appear before the court for the trial and will not cause any impediment in the investigation or trial of the case.

Petition is disposed.