IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 892 of 2008(F) ----------------------------- CRL.M.P. NO. 228/2008 in CRL.M.C. NO. 819/2006 of SESSIONS COURT, KOZHIKODE. C.C. NO. 27/2007 of JUDICIAL FIRST CLASS MAGISTRATE-V, KOZHIKODE .................... PETITIONER: ACCUSED NO.4 -------------------------------- SUHRABI, AGED 41 YEARS, S/O.POOKUNHI, FATHIMA MANZIL, PARASSERIKUZHI, FEROKE, CHUNGAM, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENTS: COMPLAINANT ----------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 892 of 2008 ========================== Dated this the 7th day of March, 2008. O R D E R The petitioner, who is the 4th accused in C.C. No. 27/2007 on the file of the Judicial First Class Magistrate-V, Kozhikode for offences punishable under Sections 352, 406 and 498 A r/w Section 34 IPC, moved the Sessions Court, Kozhikode by filing Crl.M.P.No. 228 of 2008 for release of her passport which had been surrendered pursuant to the orders of the said court while granting her bail. As per Annexure D order dated 04.02.2008, the Sessions Judge dismissed the application on the ground that she had only stated that her husband needs her service. Remarks of the learned Magistrate was called for and the learned Magistrate in his report dated 06.03.2008, has submitted that A4 has been exempted from personal appearance in the case and that since the passport was surrendered on the basis of the order passed by the Sessions Court, the Magistrate is not competent to release the same. CRL.M.C. NO. 892/2008 : 2: 2. In as much as the question of identity of the 4th accused does not arise for consideration during trial, there is no reason why her passport need not be returned to her. Accordingly, Crl.M.P. No. 228/2008 filed by the petitioner before the Sessions Court shall stand allowed on the petitioner filing an affidavit seeking permission to appear through her counsel during the trial of the case and also on her undertaking that she will not raise any dispute regarding identity. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 892/2008 : 3: