ORDER

This is an application filed by the 3rd accused in Crime No.108/2021 of Ernakulam Central Police Station, for having committed offences punishable under Sections 420 and 201 read with Section 34 of IPC and under Sections 4, 20, 20A and 21 of the Indian Telegraph Act.

2. As per order in CMP No.2957/2022 in Crime No.108/2021, learned Chief Judicial Magistrate Court, Ernakulam exempted the petitioner from the purview of Section 6(2)(f) of the Passport Act and the Passport Authority was directed to issue a temporary passport to the petitioner for a period of two years, if he was otherwise entitled. There was further direction that, he has to surrender the temporary passport within one week of its issuance and he has to file a fresh application for permission to go abroad whenever necessary.

3. Thereafter, the petitioner obtained temporary passport for two years and surrendered it before the Chief Judicial Magistrate Court, Ernakulam.

4. The petitioner filed CMP No.4493/2022 in Crime No.108/2021 requesting to release his passport and to give permission to go abroad in tune with the order dated 25.10.22 of learned Chief Judicial Magistrate Court, Ernakulam in CMP No.2957/2022. Learned Chief Judicial Magistrate, Ernakulam allowed that petition permitting the petitioner to go abroad for a period of six months on the following conditions:

“1. The passport of the petitioner is ordered to be released on executing bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum. One of the sureties shall be close relative of the petitioner.

2. The Petitioner shall deposit a cash security of Rs.5,00,000/- (Rupees Five Lakh only) before the Court.

3. The Petitioner shall file an affidavit undertaking to surrender his passport in the Court within one week of the expiry of six months from the date of release of the passport.

4. The Petitioner shall furnish the details of his journey, place of residence and official address with contact numbers abroad and email ID before leaving India.

5. The Petitioner shall appear before the Investigation Officer as and when required.

6. The Petitioner shall submit a true attested copy of his passport in the Court.”

5. The petitioner submitted that he hails from a poor family and now he has no employment or income to pull on his life. He has to conduct the marriage of his three younger sisters and to earn money for that purpose, he wants to go abroad for employment. Out of the six conditions imposed by the learned Chief Judicial Magistrate, Condition No.2, that he has to deposit Rs.5,00,000/- as cash security is onerous and he is not in a position to raise the amount to comply with that condition. Hence, he approached this Court to delete Condition No.2, otherwise he will lose his employment opportunity in Dubai.

6. Heard learned Counsel - S.Dheerendrakumar appearing for the petitioner and learned Public Prosecutor – Smt.Rekha S. representing the respondent State. Considering the facts averred in the Crl MC and also considering the fact that he has no criminal antecedents and he is a young boy seeking an employment abroad to eke out a living and to conduct the marriage of his sisters, Condition No.2 in Annexure 3 Order dated 13.12.2022 is liable to be set aside.

In the result, this Crl.MC is allowed, setting aside Condition No.2 in the impugned Annexure 3 order of learned Chief Judicial Magistrate Court, Ernakulam in CMP No.4493/2022 in Crime No.108/2021. It is made clear that except Condition No.2, all other conditions are to be complied with by the petitioner.