The petitioner herein is the 2nd accused in C.P No.38/2014 before the Judicial First Class Magistrate Court-I, Vaikom. He is aggrieved by one of the conditions imposed by the learned Magistrate, for bail under Section 437 of the Code of Criminal Procedure. As per order in C.M.P No.8752/2014 he is required to execute bond with two solvent sureties for ₹40,000/-
each, and also to make security deposit of ₹15,000/-. As a further condition for bail, he is directed to surrender his passport. The petitioner is really aggrieved by the said condition, because he is permanently employed abroad, and if his passport is retained in court, he will lose his employment. In fact, his grievance is real and genuine. The presence of the accused during trial can be insisted in such a situation only when it is absolutely necessary. It will be inappropriate and unjust to insist so, when the accused is permanently employed abroad. I feel that the passport can be released to him on a further Crl.M.C No.6125 of 2014 2 deposit of ₹10,000/-, thus making a total deposit of ₹25,000/-.
In the result, this Criminal Miscellaneous Case is allowed. The condition imposed by the trial court for bail, directing the petitioner to surrender his passport will stand cancelled on a further condition that an additional amount of ₹10,000/- shall be deposited by him in the court below.
P.UBAID JUDGE ab