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2021 DIGILAW 366 (KER)

Rahim. P v. State of Kerala, Represented by Public Prosecutor

2021-03-30

V.G.ARUN

body2021
ORDER : Petitioners are accused in Crime No.241 of 2019 of the Amabalathara Police Station, registered for offences punishable under Sections 341, 324 and 308 r/w 34 of IPC, now pending as SC No.145 of 2021 before the Assistant Sessions Court, Hosdurg. Petitioners were granted bail at the committal stage vide Annexure A2 order. One of the conditions imposed while granting bail was that the petitioners should surrender their passports before the court. Accordingly, petitioners have surrendered their passports. 2. Learned Counsel for the petitioner submits that the petitioners are all ordinary workmen employed abroad and unless the passports are released and the petitioners permitted to go abroad for re-joining duty, they will be put to extreme prejudice and loss. Even though the petitioners approached the Assistant Sessions Court seeking the relief, the application was dismissed by Annexure A5 order, finding that the petitioners had initially kept away during the committal proceedings and had surrendered at a later stage. 3. I heard the learned Public Prosecutor also. 4. A perusal of Annexure A2 order, by which the petitioners were granted bail, shows that the learned Magistrate had, after going through the wound certificate of the de facto complainant, found the injuries to be minor. The learned Magistrate also observed that no purpose would be served by detaining the accused. On the other hand, in Annexure A5, the learned Assistant Sessions Judge referred to the nature of the offences and the behaviour of the accused, to deny the relief. 5. Having heard the learned Counsel for the petitioners and the learned Public Prosecutor, I find the observation regarding the serious nature of the offence to be contrary to the findings in Annexure A2, of the injuries suffered by the de facto complainant being minor in nature. Moreover, it is not in dispute that the petitioners had surrendered before the jurisdictional Magistrate Court during the committal proceedings and have complied with the bail conditions. It is submitted by the learned Counsel for the petitioners that the Assistant Sessions Court is yet to frame charge and that the petitioners are prepared to comply with any condition to be imposed by the court. On consideration of the relevant aspects, including the submission that the petitioners are labourers and their livelihood will be lost, if they fail to report back for duty, the Crl.M.C is disposed of. On consideration of the relevant aspects, including the submission that the petitioners are labourers and their livelihood will be lost, if they fail to report back for duty, the Crl.M.C is disposed of. The Assistant Sessions Court, Hosdurg shall release the passports surrendered by the petitioners for a period of one year, subject to the following conditions: (i) Petitioners shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like amount, to the satisfaction of the trial court. (ii) Petitioners shall submit an affidavit undertaking to appear before the trial court as and when directed. (iii) The affidavit shall contain the petitioners' foreign address, mobile number, email address and other contact details. (iv) Petitioners shall engage Counsel to represent them in court, during their absence.