Conditions of bail and passport surrender can be modified when circumstances change, allowing travel under specified conditions.

O R D E R

The petitioner is the 3^rd accused in Crime No.5/2020 registered by the Attingal Excise Circle Office, Thiruvananthapuram, alleging the commission of offenses punishable under Sections 20 (b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

2. The petitioner has stated in the Crl.MC that, by Annexure 1 order, he was enlarged on bail by this Court on 31.05.2023, subject to conditions. As per condition No.(iv), the petitioner was directed to surrender his passport before the Trial Court within 7 days from the date of his release. Consequently, the petitioner had surrendered his passport. The complaint was filed in the above crime, and the case was numbered as S.C.No.82/2021 on the file of Additional Sessions Judge–IV, Thiruvananthapuram. The petitioner was convicted and sentenced by the above said Court.

3. Challenging the judgment passed by the above court, the petitioner has preferred Crl.A No.1926/2024 before this Court. By Annexure 2 Order, this Court has suspended the execution of sentence by directing the petitioner to execute a bond of Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the Trial Court, deposit half of the fine amount and not to commit any offence while on bail. The petitioner has complied with all the conditions imposed by this Court. Now, the petitioner has secured an employment in Dubai. However, as his passport is surrendered before the Trial Court, he filed an application before the Trial Court for the release of his passport. Nonetheless, by Annexure 4 Order, the Trial Court has dismissed the application on the ground that since the appeal is pending before this Court, it is for this Court to consider the application for the return of the passport. Annexure 4 order is untenable and unsustainable in law. Hence, this Crl.MC.

4. I have heard learned counsel for the petitioner and the learned Public Prosecutor. 5. The petitioner has surrendered his passport before the Trial Court as directed by this Court in Annexure 1 Order, which was passed on 31.05.2023. Subsequently, the petitioner was convicted and sentenced by the Trial Court. However, by Annexure 2 Order, this Court has suspended the sentence subject to conditions mentioned above, which the petitioner has complied.

6. By the passing of Annexure 2 Order, the conditions imposed in Annexure 1 order have got overridden and superseded. Therefore, as of today, the petitioner is bound only by the conditions in Annexure 2 Order i.e, he shall not commit any offences while he is on bail. Thus, I am of the view that there is no legal embargo in returning the passport to petitioner and permitting him to travel abroad, subject to the condition that he files an undertaking before the Trial Court that he would return to India as and when directed by this Court.

In the aforesaid peculiar facts and circumstances of the case, I allow this Crl.MC, by directing the Trial Court to return the petitoner’s passport to him, subject to the condition that he files an undertaking before the Trial Court that he would return to India as and when directed by this Court.

Sd/-