The petitioner has been arrayed as accused in Crime

No. 959/2018 of Palluruthy Police Station, which has been

registered for offences punishable under Sec.354(D)(ii) of the IPC,

Secs.66E, 67A of the Information Technology Act, 2000 and

Sec.119(B) of the Kerala Police Act, 2011.

2.

The petitioner has been granted regular bail by this

Court as per Anx.A-1 order dated 20.8.2018 in BA.No.5534/2018

wherein condition No.7(4) imposed by this Court is that, he shall

not leave India without the permission of the Court and that if he

is having Passport, he shall deposit the same before the Trial

Court within a week, and that if requires release of the Passport he

may approach the competent court having jurisdiction by moving

an appropriate application.

3.

The petitioner is now hopeful of getting a job visa in

Dubai, and for that purpose he has to produce his Passport and

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then secure a travel/tourist visa and then go the Gulf country and

secure the job visa, it is averred. It is this application for release of

Passport and grant of permission to travel abroad has now been

rejected by the trial court as per impugned Anx.A-3 order dated

21.1.2019 on the ground that investigation is going on, and that he

is accused in two other crimes.

4.

Paragraph No.4 of the impugned Anx.A-3 order reads

as follows:

“The investigating officer filed a report objecting release

of passport. The objection raised by the investigating officer is

that investigation into the offence is going on, the petitioner is

accused in two other crimes ie CBCID Crime-260/CR/OCW-

1/TVPM/2018 (Palode P.S. Crime-1053/2017) & CBCID Crime

266/CR/OCW-1/TVPM/2018 (Alappuzha South P.S. Crime

979/2018) and that if passport is released, the accused may leave

India and there is chance of tampering evidence.”

5.

It is submitted by the petitioner's counsel that, this

Court may grant permission to travel abroad subject to any

conditions, and that he would come back to India within 8 months

from the date of release of his Passport, and that he would also

seek permission from the jurisdictional Magistrate Court

concerned in respect of the other two crimes mentioned in

paragraph No.4 of Anx.A-3 order.

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6.

Accordingly it is ordered that, the impugned Anx.A-3

order will stand set aside and the Passport of the petitioner may be

released by the JFCM-II, Kochi who is dealing with the matter in

Crime No.959/2018 of Palluruthy Police Station, and that the

petitioner is permitted to travel abroad and return back to India

within a period of 8 months from the date of release of Passport,

subject to the following conditions.

(1) The petitioner will file an affidavit or undertaking

before the JFCM-II, Kochi that he will come back to India

as directed within a period of 8 months from the date of

release of Passport, or as and when directed by the

Investigating Officer if there is any emergent need in

that regard.

(2)

The petitioner will provide his address to the

foreign country concerned, with the Investigating Officer

as well as his contact number, email id, etc.

(3)

The petitioner will execute bond for Rs.5,00,000/-

and furnish two solvent sureties for the like sum both to

the satisfaction of JFCM-II, Kochi.

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(4)

The petitioner will also get separate permission

from the JFCM-II, Kochi, in the other two crimes

mentioned in paragraph No.4 of Anx.A-3 order for

traveling abroad.

With these observations and directions, the above Crl.M.C.

will stand disposed of.

Sd/-

ALEXANDER THOMAS,

JUDGE

MMG

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APPENDIX

PETITIONER'S EXHIBITS:

ANNEXURE A1

THE COPY OF THE ORDER DATED 20.08.2018

IN BA NO.5534/2018.

ANNEXURE A2

THE COPY OF CMP NO.2056/2018,THE

APPLICATION FILED BY THE PETIIONER

BEFORE THE MAGISTRATE.

ANNEXURE A3

THE CERTIFIED COPY OF THE ORDER IN CMP

NO.2056/2018 DATED 21.01.2019 OF

JUDICIAL FIRST CLASS MAGISTRATE COURT-

II,KOCHI.