Babu Alex @ Babu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 Crl.MC.No. 1414 of 2015 () --------------------------- CC 797/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM CRIME NO. 123/2013 OF PIRAVAM POLICE STATION , ERNAKULAM DISTRICT ============= PETITIONER/12TH ACCUSED:

------------------------------------------ BABU ALEX @ BABU, AGED 51 YEARS S/O.CHANDY, THUMBAYIL HOUSE, PIRAVOM P.O ERNAKULAM DISTRICT BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031 BY Sr.PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1414 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE A1 COPY OF ORDER DATED 20-12-2014 IN C.C NO 797 OF 2014 RESPONDENT'S EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P.UBAID, J.

------------------ Crl.M.C No.1414 of 2015 ------------------- Dated this the 18 th March, 2015

O R D E R

th accused in The petitioner herein is the 12 C.C.No.797/2014 of the Judicial First Class Magistrate Court, Piravom. On 20.12.2014 he surrendered before the learned Magistrate on the apprehension of arrest in execution of a warrant of arrest against him. On the said date he was granted bail by the learned Magistrate on certain conditions. One of the conditions is that he shall surrender his passport in court, and the other is that he shall be present on all posting dates. The petitioner is aggrieved by the conditions. He is permanently employed abroad, and he wants to go abroad to join his employment. He now wants his passport, and seeks exemption from personal appearance. The order passed by the learned Magistrate on 20.12.2014 shows that summons has already been issued to the material witnesses to appear for examination. The petitioner now seeks orders from this Court under Section 482 Cr.P.C. quashing the objectionable conditions, and directing the court below to release his passport. In the circumstance of the case, I find that the

Crl.M.C No.1414 of 2015 petitioner will have to make application before the leaned Magistrate. If he is a person permanently employed abroad, and if his grievance is genuine, the learned Magistrate can very well relax the conditions and release the passport to the petitioner. The crime does not involve any serious offence. It is submitted that the petitioner will not raise any dispute regarding identity of the accused during trial. If possibility of such dispute is not there, and if absence of the accused will not actually obstruct the trial, the trial court can allow personal exemption. However, the petitioner will have to file affidavit in the trial court that he will not raise the question of identity.

The trial court can even allow the petitioner to go abroad for a reasonable period, if there is no possibility of trial being concluded within a short period. Thus, I find that orders from this Court under Section 482 Cr.P.C. are not required in this case. The petitioner can very well approach the learned Magistrate, and make necessary application. His request will judiciously be considered, and appropriate orders will be passed by the learned Magistrate.

With the above observations, this Crl.M.C. is closed. Sd/- P.UBAID, JUDGE sd