IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 Crl.MC.No. 3147 of 2010(C) --------------------------------- (AGAINST THE ORDER IN CRL.M.P 1695/2010 IN CRL.M.C 1318/2009 OF SESSION COURT, KOZHIKODE IN CRIME NO. 382/09 OF NADAPURAM POLICE STATION, KOZHIKODE.) .................... PETITIONER(S): ACCUSED ------------------------------ K.HARIS,S/O. MOIDU, MEETHALECHERIKKAL, KALLACHI, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA REPD. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3147 of 2010 -------------------------- ORDER Petitioner, who is one among the hundred accused in Crime No.382/2009 of Nadapuram Police Station, registered for the offences under Sections 143, 145, 147, 148 and 353 read with Section 149 of Indian Penal Code and Section 38 read with Section 53 of Kerala Police Act and Sections 3 and 5 of Explosive Substances Act, was granted bail on conditions. One of the conditions was that petitioner shall surrender his passport. Accordingly, he surrendered the passport. He filed Crl.M.P.No.1695/2010 before Sessions Court, Kozhikode for getting the passport released on the ground that he has to go abroad for employment. By Annexure-A2 order, learned Sessions Judge dismissed that petition. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A2 order and to release the passport. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. CRMC 3147/10 2 3. Though investigation is at the initial stage, on the facts, I do not find that petitioner shall be deprived of his livelihood by retaining the passport. On stringent conditions, passport could be released to the petitioner. 4. Judicial First Class Magistrate, Nadapuram is directed to release the passport to the petitioner on executing a bond for Rupees One lakh with two solvent sureties each for the like sum. At least one of the sureties must be a close relative of the petitioner like his parents or sibling. Petitioner shall furnish his address in the foreign country and shall also furnish the address of his counsel to the Investigating Officer, so that, he could be issued with a notice in case presence of the petitioner is needed for the purpose of investigation. Petition is disposed. 16th September, 2010 (M.Sasidharan Nambiar, Judge) tkv