The court balanced the need for the petitioner's presence during the trial and the expiry of his visa, by allowing the release of the passport after the charges are framed, subject to certain conditions.

Petitioner challenges the order dated 26.06.2024 whereby his application for release of his passport has been dismissed by the Special Court for SC/ ST (POA) Act & NDPS Act Cases, Manjeri.

2. Petitioner is the accused in S.C.No.1113 of 2022 on the files of the aforementioned court. The offences alleged against the petitioner include Sections 326 and 308 r/w Section 34 of the Indian Penal Code, 1860 apart from Sections 3 (1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 .

3. During the stage of investigation, despite an order of the court directing surrender, for the purpose of interrogation, petitioner evaded and did not abide by the said condition.

Subsequently, petitioner appeared and surrendered his passport on 19.05.2024. Immediately thereafter, petitioner applied for release of his passport. The Special Court by the impugned order refused to accede to the prayer, after noticing that the case is ripe for trial and is already included in the proposal of fixing the target for disposal of cases. Noticing the previous conduct of the petitioner, the Special Court believed that petitioner will not be available for trial if the passport is released.

4. I have heard Sri.Babu S.Nair, the learned counsel for the petitioner as well as Sri.Noushad K.A., Public Prosecutor.

5. Though the observation of the Special Court cannot be found fault with at all especially in view of the past conduct of the petitioner, I am of the opinion that taking note of the submissions made across the Bar, the passport of the petitioner can be directed to be released especially since it is alleged that his Visa may expire, if he does not return. However, the same is not a reason to permit the petitioner to leave before charges are framed.

6. Accordingly, petitioner's passport can be released to him immediately after the court frames the charges on the following conditions :-

1. Petitioner shall execute a bond undertaking that he shall appear before the court as and when required.

2. Petitioner shall file an affidavit that he will not dispute his identity during trial and shall always be represented by counsel on all posting dates. The affidavit shall further mention that he shall co-operate and participate in the trial without fail.

3. In case petitioner fails to appear or participate in the trial, the authorities will be at liberty to immediately initiate steps to impound the passport of the petitioner.

the Crl.M.C. is disposed of as above.