IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 31071 of 2007(Y) -------------------------- CMP.2863/2007 of J.M.F.C.-II, KANJIRAPPALLY .................... PETITIONER: ------------ GEORGE JOSEPH, AGED 45 YEARS, S/O.JOSEPH, PADINJAREMURIYIL, KADAYANIKADU, MANIMALA, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: ------------- 1. THE DY.SUPERINTENDENT OF POLICE, KANJIRAPPALLY. 2. THE STATION HOUSE OFFICER, MANIMALA POLICE STATION, MANIMALA, KOTTAYAM. 3. BABU RAJENDRAN, S/O.LATE AYYAPPAN, TC 19/357(1)F-14, PUTHENPURACKAL, ASHAVIHAR, JAWAHAR NAGAR, KAVADIYAR, THIRUVANANTHAPURAM. R1 & 2 BY GOVERNMENT PLEADER SRI. GIKKU JACOB R3 BY ADV. SRI.A.AHZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE FIR IN CRIME NO.216/07 DT. 25.9.2007. EXT.P2 TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.II, KANJIRAPPALLY. /TRUE COPY/ R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 31071 of 2007 Y - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2008 JUDGMENT The grievance of the petitioner is that the third respondent is likely to abscond and that other respondents are not taking any action to prevent that possibility. The third respondent has entered appearance through counsel. The learned counsel submits that crimes have been registered. Third respondent has been enlarged on bail. Appropriate conditions have been imposed by the Magistrate. The third respondent is a person aged 74 years. He has no intention whatsoever to travel abroad. If so directed, the third respondent, to prove his bonafides, shall surrender his passport before the learned Magistrate also. In these circumstances it is prayed that this petition may be dismissed. 2. The only apprehension of the petitioner is that the third respondent may abscond. In the light of the submissions of the counsel for the third respondent, I am satisfied that there need W.P(C).No. 31071 of 2007 2 only be a direction to the third respondent to surrender the passport within a period of 30 days from this date. It shall be reckoned as an additional condition of bail that the third respondent shall surrender his passport before the learned Magistrate within a period of 30 days from this date. 3. This Writ Petition is accordingly dismissed. It is observed that it shall be open to the third respondent if need arises to apply for return of the passport and needless to say the learned Magistrate shall be bound to pass appropriate orders on merits on such application. (R. BASANT) Judge tm