IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 Crl.MC.No. 357 of 2011() ------------------------------------- (CRIME NO.897/08 OF CENTRAL POLICE STATION, ERNAKULAM) (CRIME NO.89/CR EKM/08 OF CBCID, ERNAKULAM) .................... PETITIONER(S): -------------------------- SAIFUDEEN, S/O.ALIKANNU, AGED 43 YEARS, THOPPIL VEEDU, NJAVELIKONAM, PAZHAYAKUNNUMMEL VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.M.ZIYAD, SRI.SANU.S.PANICKER. RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY ITS DEPUTY SUPERINTENDENT OF POLICE, CBCID REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.357 of 2011 --------------------------------------- Dated this 07th day of February, 2011 ORDER Petitioner is accused in Crime No.897 of 2008 of Central Police Station, Ernakulam and Crime No.89/CR/EKM/08 of CBCID, Ernakulam. Learned Sessions Judge granted bail to the petitioner as per order dated 27.07.2008 subject to certain conditions which included that petitioner has to surrender his passport. Later, petitioner filed C.M.P.No.1757 of 2010 to lift the conditions which included release of passport. Learned Sessions Judge by order dated 06.07.2010 dismissed the application. That order as well as the order imposing condition regarding surrender of passport were challenged in this court in Crl.M.C.No.2825 of 2010. This court was not inclined to accept the contention as seen from Annexure-2, order dated July 28, 2010. Now petitioner has approached this court with a direction to release the passport as he wants to go abroad for some period. Learned counsel submitted that since 2008 onwards passport of petitioner is in the custody of court. It is pointed out by learned Public Prosecutor that petitioner could move appropriate application before the learned Sessions Judge. Crl.M.C.No.357 of 2011 -: 2 :- 2. Condition was imposed by the learned Sessions Judge and as seen from the copy of order dated July 28, 2010. It is not as if right of petitioner to request release of passport has been foreclosed. Learned Sessions Judge observed that (at present) the request to lift condition cannot be allowed. 3. At this stage, learned counsel requested permission to move application before the learned Sessions Judge having regard to the circumstances stated above. Resultantly this criminal miscellaneous case is dismissed as withdrawn without prejudice to the right of petitioner to seek appropriate relief before the learned Sessions Judge, Ernakulam. If any application is preferred, learned Sessions Judge shall consider that application and pass appropriate orders having regard to the grievance of petitioner. (THOMAS P JOSEPH, JUDGE) Sbna/-