Noushad vs State of Kerala and Sub Inspector of Police

Thomas P. Joseph, J.—Petitioner is second accused in S.C. No. 1220 of 2006 and L.P. No. 5 of 2008 of the Court of learned Additional Sessions Judge (Adhoc-I), Kollam. Petitioner was granted bail as per Annexure-A, order dated 03.03.2011 with condition that he shall surrender his passport in the appropriate Court on 21.03.2011. Petitioner could not comply with that condition since his passport (as the learned Counsel submits) was with the consulate concerned. Thereon, Petitioner made a request for extension of time which was rejected and by Annexure-B, order bail bond was cancelled. Notice was issued to the sureties as well. Petitioner seeks to quash proceeding in Annexure-B, order. Learned counsel submits that Petitioner is ready to produce the passport within a month from this day. I have heard learned Public Prosecutor also.

Since I do not find any illegality in Annexure-B, order I do not find reason to quash the said order. Since the bail bond is cancelled, Petitioner has to surrender before the Court concerned and seeking fresh bail. Petitioner has an apprehension that if he surrenderes before the learned Additional Sessions Judge, it is possible that he may be remanded. Since final report is already filed, the case has been committed and cancellation of bail is only for the reason that Petitioner was not able to comply with the direction to produce passport before 23.03.2011, I do not find reason for custodial interrogation. The mere fact that Petitioner was not able to comply with the direction for production of passport on 23.03.2011, as learned Counsel submits, without any latches on the part of the Petitioner as the passport was with the consulate need not result in Petitioner being remanded to custody. Having regard to the circumstances stated I am inclined to grant time to the Petitioner to surrender before the learned Additional Sessions Judge and produce the passport.

Resultantly this criminal miscellaneous case is disposed of in the following lines:

(i) Petitioner is granted one months time from this day to appear before learned Additional Sessions Judge (Adhoc-I), Kollam, produce the passport and seek regular bail.

(ii) If any such request for bail and for recalling the warrant is made, learned Additional Sessions Judge shall dispose of the said applications having regard to the circumstances stated above as early as possible.

(iii) Petitioner may in advance of his appearance before the learned Additional Sessions Judge give a copy of the applications to the Law Officer concerned.

(iv) Non available warrant issued to the Petitioner will stand in abeyance during the said period of one month or till Petitioner in the said Court, whichever is earlier.

(v) I make it clear that in case learned Sessions Judge decides to grant bail, Petitioner may execute bail bond with the same sureties unless they are found otherwise unfit by the learned Additional Sessions Judge.