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Judgment
6 paragraphs · 366 wordsGopinath P, J
This Crl.M.C has been filed seeking to set aside condition No.(4) in Annexure-VI order, which has been imposed while granting anticipatory bail to the petitioner in Crime No.550/2022 of Ambalamedu police station. Condition No.(4) in Annexure-VI order requires the petitioner to surrender his passport before the jurisdictional court.
When this matter is taken up for consideration today, it is the submission of the learned Public Prosecutor that following investigation, a final report has been filed in the matter. It is submitted that, if the petitioner wishes to go abroad, he may have to take permission from the jurisdictional court. If such permission is granted, it will be open to the petitioner to seek release of his passport which has been surrendered before the jurisdictional court, as per the impugned condition No.(4) in Annexure-VI order.
Learned counsel appearing for the petitioner would submit that final report has been challenged by the petitioner by filing W.P.(Crl.) No.146/2023 and all further proceedings have been stayed by this Court. It is submitted that, in such circumstances, it may not be possible for the petitioner to seek release of the passport from the jurisdictional court, once it is surrendered in terms of the impugned condition contained in Annexure-VI order.
Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the view that since final report has been filed, the petitioner may require the permission of the jurisdictional court to go abroad. Therefore, it is for the petitioner to surrender his passport, in accordance with the condition imposed, while granting bail to him in Annexure VI order and thereafter, to seek permission from the jurisdictional court to go abroad. If the petitioner faces any difficulty in the petition being considered by the jurisdictional court, he may approach this Court with a petition in W.P.(Crl.) No.146/2023 and appropriate directions can be issued to consider the application seeking permission to go abroad, notwithstanding the stay granted by this Court. Therefore, I am of the opinion that the challenge raised to condition No.(4) in Annexure-VI order need not be considered at present.
The Crl.M.C is accordingly dismissed with the above observations.