IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Crl.MC.No. 3458 of 2009 --------------------------------------- CMP.3629/2009 of JUDL. MAGISTRATE OF FIRST CLASS, ERATTUPETTA .................... PETITIONER/REVISION PETITIONER: VINOD, S/O.JOSEPH, AGED 33, POOTHANAPARAKUNNEL HOUSE, THEEKOY P.O., ERATTUPETTA. BY ADV. SRI. JOHNSON MANAYANI SRI. BENHUR JOSEPH MANAYANI RESPONDENTS: 1. SUB INSPECTOR OF POLICE, ERATTUPETTA. 2. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3458 of 2009 -------------------------- ORDER Petitioner is the accused in Crime No.253/2009 of Erattupetta Police Station, registered for the offence under Section 498A of Indian Penal Code. Petitioner was released on bail. As a condition for granting bail, petitioner produced his passport. Petitioner, thereafter, filed C.M.P.No.3629/2009 for getting interim custody of the passport, so that the period of his visa could be extended. By Annexure-A4 order, learned Magistrate dismissed the petition for the reason that when a report was called for from the police, it was reported that if passport is released, petitioner would leave India. This petition is filed under Section 482 of Code of Criminal Procedure contending that in Annexure-A3 petition filed before the learned Magistrate for interim custody of the passport, petitioner had undertaken that he will not leave India and would CRMC 3458/09 2 appear before the court as and when required and if the passport is not released to him, the period of his visa would expire and it would affect his livelihood and in such circumstances, the passport is to be released. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Judicial First Class Magistrate, Erattupetta is directed to release the passport to the petitioner, for the purpose of getting the period of his visa extended on executing a bond with two solvent sureties each for Rs.50,000/- undertaking that petitioner will not leave India, without the permission of the learned Magistrate. Petition is disposed. 28th October, 2009 (M.Sasidharan Nambiar, Judge) tkv