Thursday, December 13, 2012

Kerala High court order stating that NRI Husband's passport is to be released on placing surety etc in 498a case


Kerala High court order stating that NRI Husband's passport is to be released on placing surety etc in 498a case

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Tharayil Peedikayil Aboobacker vs The Station House Officer on 22 June, 2011

IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 1826 of 2011()


1. THARAYIL PEEDIKAYIL ABOOBACKER ... Petitioner

Vs

1. THE STATION HOUSE OFFICER, ... Respondent

2. THE STATE OF KERALA,

For Petitioner :SRI.A.MOHAMED MUSTAQUE For Respondent : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH Dated :22/06/2011


O R D E R

THOMAS P JOSEPH, J.

---------------------------------------- Crl.M.C.No.1826 of 2011

--------------------------------------- Dated this 22nd day of June, 2011

ORDER

Petitioner is accused in C.C.No.609 of 2010 of the Court of learned Judicial First Class Magistrate-II, Kannur for offence punishable under Sec.498A of the Indian Penal Code (for short, "the IPC"). Learned Magistrate granted bail to the petitioner subject to condition that he shall surrender his passport. He complied with that condition. Since petitioner is employed abroad he filed C.M.P.No.1285 of 2011 to release the passport. That application was dismissed by Annexure-A3, order dated March 30, 2011. That order is under challenge. Learned counsel submits that since petitioner is employed abroad, the passport may be released to him or else he will loose his job. Learned counsel submitted that petitioner is prepared to appear before learned Magistrate as and when directed and that trial could proceed in the presence of his lawyer. Petitioner is prepared to abide by any other condition that may be imposed by the learned Magistrate. I have heard learned Public Prosecutor also.

2. As the offence attributed to the petitioner is under Sec.498A of the IPC there is no possibility of any dispute on Crl.M.C.No.1826 of 2011 -: 2 :- identity of the offender. Having regard to the circumstances I do not find reason why the passport shall not be released to the petitioner. I am inclined to allow the application but, subject to conditions.

Resultantly this criminal miscellaneous case is allowed. Annexure-A3, order dated March 30, 2011 on C.M.P.No.1285 of 2011 is set aside and that petition is allowed. Passport of the petitioner shall be released to him subject to the following conditions:

(i) Petitioner shall appear in Court as and when directed by the learned Magistrate. (ii) Petitioner shall file an affidavit before the learned Magistrate stating that his plea (if not already recorded) could be recorded through his counsel and that trial shall be conducted in his absence in the presence of his counsel whose name and address shall be mentioned in the affidavit.

(iii) Petitioner shall execute a bond for Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the like sum each undertaking to appear before Court as and when required by the learned Magistrate.

(iv) On execution of the bond as aforesaid and filing the affidavit, the passport shall be released to the petitioner.

(THOMAS P JOSEPH, JUDGE)

Sbna/-


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