Order
The petitioner is the first accused in Sessions Case No. 1114 of 2011, now pending before the Special Judge (SPE/CBI), Thiruvananthapuram. This application is filed by him for release of his passport to enable him to go abroad to attend an important function. The petitioner is a priest.
2. The application is strongly opposed by the learned Standing Counsel for the CBI, pointing out that further investigation was ordered by this Court as per order in Criminal RP No. 265/13. The period prescribed thereunder would expire on 19.03.2014 The learned Standing Counsel submits that the respondent would be moving this Court for extension of time.
3. The learned counsel for the petitioner submits that so far, the petitioner has not been questioned by the respondent in connection with the further investigation ordered by this Court. The request is to allow him to be abroad from 25.03.2014 and for a further period of 45 days. The function which the petitioner is to attend, is scheduled to be held on 29.03.2014 It is stated that he wants to attend another function also. That request will be considered later.
4. In order to enable the respondent to question the petitioner if so required, directions can be issued for that purpose also. Hence the following directions are issued:
1) The petitioner will appear before the Investigating Officer of the respondent-CBI within ten days from today.
2) After questioning, a certificate of attendance shall be given to the petitioner so as to enable him to produce the same before the CBI Special Court, Thiruvananthapuram.
3) On production of the said certificate, the petitioner's passport shall be released to him on further condition that after returning from abroad, he will appear and surrender the passport on or before 10.04.2014 For due compliance, as an additional condition, he shall also execute a bond for Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like amount to the satisfaction of the learned Special Judge.
The Criminal MC is disposed of as above.