The petitioner herein is the accused number one in Crime No. 905/13 of the Vaikom Police Station. He was granted bail by the learned Judicial First Class Magistrate Court I, Vaikom by order dated 20.08.2014 in C.M.P 7144/2014 on certain conditions. One of the conditions is that the accused shall appear before the Investigating Officer on every Saturday between 11 a.m and 12 noon, and another condition is that he shall surrender his passport before the court, and shall not visit any foreign country without obtaining permission from the court. These two conditions are sought to be set aside under Section 439 (1)(b) Cr.P.C. 2. On hearing the learned counsel and the learned Public Prosecutor I find that the direction to surrender passport can be set aside, and the other condition can be modified. It is submitted that the petitioner herein is employed permanently abroad, and if he is not allow to go abroad, he will lose his employment. It appears that this fact was not considered by the learned Magistrate. There is no meaning in not permitting the petitioner to go abroad till the whole Crl. M.C No. 5751 of 2014 2 trial is over. Passport can be released to him on making a security deposit of ₹ 10,000/-. So also the direction to appear before the Investigating Officer can be modified to the effect that it shall continue only up to 18.10.2014. It is submitted that the petitioner will have to leave India on 24.10.2014.
In the result, this petition is allowed in part. The conditions imposed by the court below that the petitioner shall surrender his passport, will stand set aside on a further condition that he shall make a security deposit of ₹ 10,000/- in the court below. The direction to appear before the Investigating Officer every Saturday will stand modified, and limited that the said condition shall continue only up to 18.10.2014.
P.UBAID, JUDGE sab