S.S. Satheesachandran, J.

1. Petitioner is the 1st accused in a case pending on the file of the Judicial Magistrate of the First Class-II, Perinthalmanna. He is being prosecuted with some others for offences punishable under Sections 498-A and 406 read with Section 34 of the Indian Penal Code, on a crime registered over a complaint filed by his wife.

2. On registration of the crime, petitioner and the other accused moved for pre-arrest bail under Section 438 of the Code before the Sessions Judge, Manjeri. Their application was allowed vide Annexure A2 order with directions to move for regular bail before the magistrate within the time fixed, imposing some other conditions also, which included a direction to the accused to surrender their passports before the magistrate, and if not in possession of passports, then, to file affidavit stating that fact. Petitioner appeared before the magistrate within the time fixed and moved for regular bail with an affidavit stating that his passport had been lost. He was enlarged on regular bail. Subsequent to his release on bail, while the case was pending, he left the country, making use of his passport, and, then, the de facto complain