IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 Crl.MC.No. 885 of 2009() ---------------------------- AGAINST THE ORDER IN CMP 662/2009 IN CC.38/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): ACCUSED ---------------------- K.P.MOHAMMED ASHRAF, KUNDILE PURAYIL HOUSE, KOIPRA, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/03/2009, ALONG WITH CRMC NO. 889 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NOs. 885 & 889 OF 2009 = = = = = = = = = = = = = = = Dated this the 6th day of March, 2009. O R D E R Crl.M.C. 885/09 is filed with a prayer to direct the Judicial First Class Magistrate-I, Kannur to release the passport in respect of the petitioner produced by him at the time of granting bail in C.C.38/09 and the other Crl.M.C is filed with the very same prayer but in case No.C.C.127/05. The short point to be considered by the Court is whether the passport surrendered at the time of granting of bail is to be returned or not. The passport is ordered to be surrendered in order to prevent the person from going abroad and making sure that his presence will be available in the Court when required. There are many stages of litigation in a case. Suppose his personal presence is not necessary and the matter will take time and there is assurance given that he will be available when required by the Court then nothing prevents the Court from releasing the passport and permitting him to go abroad with conditions. Since this Crl.M.C. 885 & 889 OF 2009 -:2:- Court is not fully aware of the stage of the litigation I permit the petitioner herein to move an application for release of the passport and permission to go abroad before the Judicial First Class Magistrate-I, Kannur and the Court shall consider it if possible on the very same date and pass appropriate orders. In order to enable the prosecution to get particulars there is nothing wrong if the petitioner gives an advance copy to the Prosecutor so as to enable him to get instructions. It is true that the present petitioner had moved an application and had withdrawn as not pressed and it may not be taken as a legal obstacle in entertaining this application and the factum that his job is in gulf also be considered sympathetically because he wants to join his family as well there. With this observation the Crl.M.C. is disposed of. M.N. KRISHNAN, JUDGE. ul/-