IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Crl.MC.No. 2599 of 2006 ------------------------- CMP.3795/2006 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM CRIME NO. 452/2006 OF KONDOTTY POLICE STATION .................... PETITIONER/ PETITIONER: -------------------------- AHAMMADUL KABEER DEVESWAM PARAMBIL, S/O.SAIDALIKUTTY, AZHITTAVALAPPIL HOUSE,KADALUNDI, PAZHANCHANOOR, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/: STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR MR. C.M. NANZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10-2-2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.M.C.NO. 2599 of 2006 ========================= Dated this the 10th day of February 2009 ORDER The petitioner herein was the petitioner in C.M.P.No.3795/2006 on the file of the Judicial First Class Magistrate Court, Malappuram. That application was filed by the petitioner under Section 457 of the Code of Criminal Procedure for releasing his Indian Passport No.F.7720442 issued from the Regional Passport Office, Kozhikode. The petitioner had entrusted the passport to M/s. Parker Agency, Travel Agent, at Kozhikode for getting his emigration clearance. After receipt of amounts from the petitioner, the Travel Agent had made forged entries in the passport which was noticed by the Emigration Officer in the Calicut Airport and filed a complaint as Crime No.452/2006 which was registered by the Kondotty police against the Travel agent. The passport handed over by the petitioner to the Emigration Officer was seized by the police for investigation of the above crime. For the purpose of going for CRMC. 2599/2006 -2- employment to Saudi Arabia, the petitioner has availed VISA and before expiry of the VISA period he has filed the above C.M.P.No.3795/2006 before the learned Magistrate for releasing his passport. True copy of the affidavit field by the petitioner along with application was produced as Annexure-A wherein the learned Magistrate has passed order, copy of which is produced as Annexure-B. The learned Magistrate has directed the petitioner as per order dated 4-8-2006 to substitute certified copy of the passport and to execute bond for Rs.15,000/- with two sureties for the like sum and to deposit Rs.10,000/- and further condition to produce the original passport within 20 days from the receipt of the same. The petitioner has complied with the directions except the condition to produce the original passport within 20 days from the receipt of the same. At present the passport has already been released to the petitioner, who is only a witness in the case. Certified copy of the passport has been substituted by the petitioner. In such circumstances, this petition is filed by the petitioner to delete the condition to produce his original passport within 20 days as per order dated 4-8-2006 in C.M.P.No.3795/2006 passed by the learned CRMC. 2599/2006 -3- Magistrate. 2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor Mr.C.M.Nazar. 3. Annexure-A is copy of the affidavit filed by the petitioner in support of the petition,C.M.P.No.3795/2006. In that affidavit it was specifically stated that for the purpose of extending the validity of the VISA and for joining the job at abroad within the validity period, original of the passport is required. Accordingly, the original passport has been released to the petitioner and with that passport he has gone abroad and attended the job. The original passport has been released to the petitioner after substituting the certified copy of the same and on compliance of the further conditions to execute bond for Rs.15,000/- with two sureties for the like sum and to deposit of Rs.10,000/-before the learned Magistrate. It is submitted by the learned Public Prosecutor that this petition can be disposed of with a direction to the petitioner to produce the original passport as and when required by the investigating agency. The learned counsel appearing for the petitioner expressed the difficulties of the petitioner to produce the original CRMC. 2599/2006 -4- passport by attending the job at abroad and if such direction is given to the petitioner to produce the original passport, he has to stop his job at abroad. Considering the fact that the petitioner is not an accused and even according to the prosecution he is only a witness in that case, such a stringent condition cannot be imposed on the petitioner. The investigating agencies are at liberty to take appropriate steps to get the documents for which no direction is necessary by this Court. The petitioner has already substituted certified copy of the passport which is sufficient for the time being to proceed with the investigation. Therefore, I find that the condition imposed on the petitioner to produce the original passport within 20 days in the impugned order is not proper and the same is liable to be quashed. That condition is deleted. Accordingly, the Crl.M.C.is allowed. M.C. HARI RANI JUDGE ks.