Shibu Varghese vs State Of Kerala

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Ashok Menon, J

The petitioner is the 1st accused in Crime No.2592/2020 of Vattappara Police Station and he was granted anticipatory bail by this Court vide

common order in B.A. No.8998/2020 and B.A. No.9060/2020 on 23.03.2021. There was specific direction to him to comply with the provisions under

Section 438(2) of Cr.P.C. The petitioner states that he has been appearing before the investigating officer. There was also a direction to surrender his

passport and accordingly, he has surrendered his passport before the jurisdictional court. It is stated that the petitioner's daughter has got admission to

a school as per Annexure A8 and therefore he would like to go to United States of America for the purpose of facilitating his daughter's admission to

the school. The petitioner's family continues to reside at America and he is an American Passport holder as is evident from Annexure A7.

The apprehension of the prosecution is that once he goes abroad, he will not be available for interrogation in this case. Therefore, the request made

by the petitioner to release his passport is vehemently opposed by the prosecution. An application was filed before the learned Magistrate for release

of the passport, but the learned Magistrate pointed out that the allegations against the petitioner and the co-accused are that they have swindled an

amount of Rs.9,30,20,000/- from the de facto complainant and therefore the prayer to release his passport cannot be allowed at this stage.

The investigation has been pending for some time. The bail was granted in 23rd March 2021 and the petitioner has been appearing before the

investigating officer on being asked without any breach. The final report is not yet filed. Under the circumstances, I find that the petitioner cannot be

tied to this case and ask him to remain in India forever till the trial is completed. The petitioner is therefore entitled to get the passport released with

the permission to go abroad. However, to address the anxiety expressed by the prosecution regarding the availability of the petitioner, the petitioner is

directed to deposit a sum of Rs.2 lakhs before the Judicial First Class Magistrate Court-I, Nedumangad as security to ensure that he will return from

abroad and face investigation as also the trial. On such deposit, the passport shall be released to him and he shall also file an affidavit that he shall

remain abroad for a maximum period of six months. The petitioner is granted six months time to remain in America and returned before that and

surrender his passport. On surrendering his passport, he is entitled to get the deposited amount returned. The learned Magistrate is directed to release

the passport forthwith on fulfilling the conditions as stated above. In case he does not surrender his passport within the period of six months, the

amount deposited by him shall be liable for forfeiture.