IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 Crl.MC.No. 832 of 2008() ---------------------------- CRIME NO. 204/2007 of PERAMBRA POLICE STATION ................................... PETITIONER: ACCUSED NO. 4 --------------------------------- HARIS, S/O.KUNHAMMEDKUTTY MARUTHOLI (HOUSE) PALERI AMSOM DESOM KOYILANDY TALUK, KOZHIKODE DIST. BY ADV. SRI.SANTHARAM.P RESPONDENT/COMPLAINANT & STATE: ------------------------------------------- STATE OF KERALA REPRESENTED BY SHO, PERAMBRA. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 832 of 2008 ========================== Dated this the 17th day of March, 2008. O R D E R The petitioner, who is the brother of the husband of the de facto complainant and who is the 4th accused in crime No. 204 of 2007 of Perambra Police Station registered for offences punishable under Sections 498 A, 406 and 420 IPC, challenges Annexure 1 order dated 02.01.2008 passed by the Judicial First Class Magistrate-I, Perambra rejecting his request for return of the passport surrendered by him while he was granted bail. 2. Considering the averments in the complaint as against the petitioner and considering the fact that no question of identity may arise even if the trial were to proceed with in the absence of the petitioner, the impugned order dated 02.01.2008 is set aside and C.M.P.No. 3783/2007 filed by the petitioner before the court below shall stand allowed. The petitioner shall file an application before the trial court seeking personal exemption during the trial of the case and shall give an undertaking that he will not raise any dispute regarding his identity at any stage of the trial. In case such an application is filed, the learned Magistrate shall grant him permission and shall insist on his personal appearance only if it is inevitable during any stage of the trial. V. RAMKUMAR, JUDGE. rv