IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.MC.No. 1468 of 2008() ------------------------- PETITIONER: ------------ M.P.SHAMSHEER, AGED 35 YEARS, S/O.IBRAHIMKUTTY, KADEEJA MANZIL, MANHIR ODE. BY ADV. SRI.C.KHALID RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 1468 of 2008 * * * * * * * * * * * * * * * * * * Dated: 08-04-2008 ORDER Petitioner who is the first accused in C.C. No. 54 of 2008 registered from L.P.C. 27 of 1992 on the file of the J.F.C.M. I, Kannur challenges Annexure C order dated 25-3-2008 passed by the Magistrate refusing to release the passport of the petitioner. The petitioner was granted anticipatory bail by the Sessions Court, Thalassery as per Annexure A order dated 8-2-2008 in Crl.M.C. No. 153 of 2008. At that time his passport was got surrendered before the Sessions Court and forwarded to the Magistrate at Kannur for safe custody. According to the petitioner, the 2nd accused in the case has already been acquitted after trial and the petitioner badly requires his passport to resume his employment abroad. 2. I see no reason as to why the prayer of the petitioner should not be granted. The C.C. case in which the petitioner is an accused is C.C. No. 54 of 2008 before the J.F.C.M.I, Kannur. In the normal course, that case may take months , if not years, to reach the stage of trial. The petitioner is also in the advantageous position of the co-accused having been acquitted after trial. Crl.M.C. No. 1468 of 2008 -:2:- 3. In case, the question of identity of the petitioner does not arise during trial, he can move the Magistrate for personal exemption. I am told that the petitioner has already moved the Magistrate for personal exemption. Under these circumstances, C.M.P. No. 1097 of 2007 before the learned Magistrate shall stand allowed and the passport of the petitioner shall be returned to him for the purpose of his going abroad to join duty. Condition No. 3 imposed by the Sessions Court in the bail order dated 8-2-2008 in Crl.M.C. No. 153/08 to the effect that the petitioner shall not leave Kannur District until further orders shall stand suspended for a period of one year from today. In case, the presence of the petitioner is inevitable at any stage of the trial, the Magistrate shall enforce his attendance and this order will not stand in the way of the Magistrate insisting on his attendance at any particular stage of trial . This Crl.M.C. is disposed of as above. V. RAMKUMAR, (JUDGE) Crl.M.C. No. 1468 of 2008 -:3:- ani.