Saneesh vs State of Kerala and Sub Inspector of Police

Thomas P. Joseph, J.—Petitioner is the second accused in Crime No. 237 of 2011 of Pathanamthitta Police Station for offences punishable under Sections 294(b), 452, 324, 326, 323 and 308 read with Section 34 of the Indian Penal Code. Case is that on 29.03.2011 at about 7.30 p.m Petitioner and others trespassed into the house of de facto complainant and committed offences as alleged. Leaned Sessions Judge granted Petitioner bail as per Annexure-1, order dated 30.04.2011 subject to conditions which included that Petitioner shall report to the Investigating Officer on all Mondays from 06.05.2011 for a period of three months or till the final report is filed in the case whichever is earlier. Petitioner says that he has been complying with the condition all through. Since he is working abroad and his Visa is due to expire soon, he has to re-enter Saudi Arabia before 06.07.2011. In the circumstances he is unable to comply with the above said condition imposed by the learned Sessions Judge further. Petitioner seeks a modification of the condition. Learned Counsel submitted that Petitioner is prepared to appear before the Investigating Officer or court as and when directed for investigation, trial, inquiry or other proceeding. I have heard leaned Public Prosecutor also.

It is seen from the copy of Visa given to me by the learned Counsel for perusal that Petitioner is required to re-enter Saudi Arabia before 06.07.2011. In view of that and the difficulty that may be experienced by Petitioner if period of Visa has expired and the same not renewed, I am inclined to modify the condition imposed by the learned Sessions Judge and permit Petitioner go abroad but subject to conditions.

Resultantly this Criminal Miscellaneous Case is allowed.Condition imposed by learned Sessions Judge as per Annexure-A1, order dated 30.04.2011 in Crime No. 237 of 2011 requiring Petitioner to report to the Investigating Officer on all Mondays from 06.05.2011 for a period of three months or till the final report is filed whichever is earlier is lifted subject to the following conditions:

(i) Petitioner shall report to the Investigating Officer or court as and when directed for investigation, inquiry, trial or other proceeding.

(ii)Petitioner shall be represented by his counsel in the committal court and trial court so that, if necessary his plea could be recorded through his counsel.

(iii)Petitioner shall file affidavit in the above line before learned Magistrate (where the FIR in the crime case is filed).

(iv)Petitioner shall within two weeks of reaching the destination intimate the Investigating Officer his address and contact telephone number (if any) abroad, in writing.

(v)Petitioner shall execute a bond for Rs. 2,50,000/- with two sureties each for the like sum to the satisfaction of the learned Magistrate undertaking to comply with the above conditions.

It is made clear that it is sufficient if the sureties produced self attested photocopies of title deeds of their property which they offer as security.