IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 12314 of 2011(L) ---------------------------------------- PETITIONER(S): ACCUSED NO.3: --------------------------------------------------- KUNHI MARACKAR,S/O.KUTTI HASSAN, AGED 61 YEARS, NAMBRATH HOUSE, P.O VALACHERY, KOTTARAM,MALAPPURAM DISTRICT,PIN - 675 552. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE PASSPORT OFFICER, PASSPORT OFFICE,MALAPPURAM - 673 001. R1 BY GOVERNMENT PLEADER SRI. P.NARAYANAN R2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G. OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12314/2011 L APPENDIX PETITIONER'S EXHIBITS: EXT.A:COPY OF THE JUDGMENT IN CRL.M.C.NO.863/11 OF THIS HON'BLE COURT DTD. 18/03/2011. EXT.B:COPY OF THE JUDGMENT IN CRL.M.C.NO.876/11 OF THIS HON'BLE COURT DTD. 18/03/2011. EXT.C:COPYOF THE JUDGMENT IN CRL.M.C.NO.931/11 OF THIS HON'BLE COURT DTD. 23/03/2011. EXT.D:COPY OF THE PASSPORT ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DTD. 19/06/09. EXT.E:COPY OF THE JUDGMENT IN CRL.M.C.NO.2668/10 ON THE FILES OF THIS HON'BLE COURT DTD. 15/07/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 12314 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th June , 2011 JUDGMENT The petitioner has approached this Court seeking for a direction to be issued to the second respondent to extend the validity period of his passport for going Hajj Pilgrimage, placing reliance on the decision reported in Asok Kumar Vs. State of Kerala (2009 (2) KLT 712). The petitioner has also produced “Ext. E” order passed by this Court on 15th July, 2010 granting similar relief. 2. Heard the learned Government Pleader appearing for the first respondent and the learned Assistant Solicitor General of India appearing for the second respondent as well. 3. In the said circumstances, the second respondent is directed to release the passport of the petitioner for a period of 'six months' to enable him to proceed to 'Hajj' pilgrimage for the year 2011, on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like amount to the satisfaction of the Judicial First Class Magistrate's Court, Tirur and undertaking before the learned Magistrate that he will surrender the passport before the 2nd W.P. (C) No. 12314 of 2011 : 2 : respondent within six months of release of the same, that he shall appear before the Court at any subsequent stage of the trial, if the Court finds his presence inevitable, notwithstanding the personal exemption granted under Section 205 of Cr.P.C. The petitioner shall also leave his local address as well as the address abroad and the name, address and phone number of his local Advocate. The Writ Petition is disposed of. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. To Judge