Prayer in this Crl.M.C is to set aside Annexure A2 order dated 09.10.2014 passed by the Sessions Court, Ernakulam on Crl.M.P No.2640 of 2014 in Crl.M.C No.1671 of 2014 refusing to lift condition No.2 in the bail order passed by this Court in respect of the surrender of the petitioner's passport. The petitioner is working abroad and the criminal proceedings are initiated at the behest of his wife. 2. It is stated by Sri.K.R.Vinod, learned counsel for the petitioner, that the investigation in the crime is only in the initial stage and final report has not yet been filed. The main submission of the petitioner is that the impugned order is against the law laid down by this Court in the case Asok Kumar v State of Kerala, (2009(2) KLT 712). In paragraph 2 of the above decision, this Court has held that:
“4. In the normal course the above Calendar Cases are not likely to come up for trial at least for a period of 9 or 10 months. Hence there was no justification on the part of the Magistrate in refusing the permission sought for to go abroad or a period of six months.”
Crl.M.C No.5811 of 2014 2
3. On going through the impugned order, it is seen that this aspect of the matter based on the aforementioned principles laid down by this Court is not seen adverted to and followed by the court below. Accordingly, Annexure A2 is set aside and Annexure A1 application is remitted back for fresh consideration of the court below.
4. Sri.K.R.Vinod, learned counsel for the petitioner submits that the counsel for the accused would appear before the court below on 17.10.2014 and make submissions in the matter in Annexure A1 application on the same day so as to facilitate urgent orders thereon, as the petitioner has to urgently go back to the foreign country concerned in connection with his employment otherwise the petitioner would lose the validity of his employment visa by 21.10.2014.
5. Accordingly, it is ordered that on 17.10.2014, the court below will hear the counsel for the petitioner in Annexure A1 matter and pass appropriate orders thereon, keeping in view the principle laid down by this Court in Asok Kumar v State of Kerala, (2009(2) KLT 712), as expeditiously as possible and also Crl.M.C No.5811 of 2014 3 keeping in view the averment of the petitioner that he would lose the validity of his foreign employment visa by 21.10.2014.
The above Crl.M.C stands allowed, as ordered above.
Sd/-
ALEXANDER THOMAS, JUDGE.
vdv //True Copy// P.A to Judge