The petitioner herein is the 5th accused in Crime No.171/2009 of Mavelikkara Police Station, registered under sections 406 and 420 IPC, sections 58(B), 4(A), 58(C) of the Reserve Bank of India Act and section 30 of the Kerala Chitty Act. He is aggrieved by one of the conditions imposed by the learned Judicial First Class Magistrate-I, Mavelikkara, for bail granted to him under section 437 of the Cr.P.C. He is required to execute a bond with two solvent sureties for Rs.50,000/- each, he is directed to appear before the investigating officer as and when required, and he is also directed to surrender his passport before the court. He is aggrieved by the condition directing surrender of passport. The said condition is sought to be quashed under section 439(1)(b) of the Cr.P.C. The petitioner does not explain why he did not approach the learned Sessions Judge for relief. It is submitted that investigation is in progress, and effective investigation will be obstructed if the petitioner leaves India. That is why probably, the learned Magistrate
Crl.M.C.No.5905 of 2014
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imposed the said condition. However at a later stage when major part of investigation is over, the petitioner can approach the Court of Session again under section 439(1)(b) of the Cr.P.C. On a consideration of the circumstances at that stage, appropriate orders can be passed by the Court of Session.
This Crl.M.C. is closed with observation that at a later stage the petitioner can approach the Court of Session for relief under section 439(1)(b) of the Cr.P.C.
Sd/-
P. UBAID, JUDGE
vpv