IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Crl.Rev.Pet.No. 825 of 2009() ----------------------------- AGAINST THE ORDER DATED 30/01/2009 IN CMP 295/2009 IN CP.146/2008 of JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM REVN. PETITIONER(S): PETITIONER:- --------------------- SHAKEER, S/O.MAMMU AGED 23 YEARS, PULIKANDY HOUSE, NADAPURAM, KUMMANGODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE NADAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P. No. 825 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of March, 2009 O R D E R Petitioner, who is an accused in Crime No.36/2004 of Nadapuram Police Station registered under section 4 of the Explosive Substances Act and now pending as C.P. No.146/2008 on the file of the Judicial first Class Magistrate, Nadapuram, filed C.M.P. No. 295/2009 before the learned Magistrate seeking to release his passport. The said petition was dismissed by the learned Magistrate, as per the impugned order dated 30-1-2009. Hence, this revision. 2. Since the case is yet to be committed to the Sessions Court, Kozhikode, in the normal course there is no possibility of the case is taken up for trial in the near future. It is true that the passport was surrendered, while enlarging the petitioner on bail. But when there is no immediate prospect of the trial being commenced, there is no point in disabling the petitioner from eaking out his livelihood, particularly when there is a presumption of innocence in favour of an accused person unless and until he is found guilty by a court of competent jurisdiction. 3. The impugned order is, accordingly, set aside and the learned Magistrate is directed to return the passport to the Crl.R.P. 825/09 -2- petitioner for a period of six months on the petitioner executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate and also on the petitioner depositing an amount of Rs.50,000/- in cash before the court below. The petitioner shall also file an affidavit undertaking that he will appear before the Sessions Court concerned as and when the case is taken up for trail . In case the trial is not being taken up within the period of six months, it shall be permissible to the petitioner to seek extension of the period. 4. It is submitted that petitioner is represented by Adv.Sri.Abdul Lathif before the committal court. As and when the Sessions Case has become ripe for trial, the concerned Sessions Court shall give notice to Adv. Sri. Abdul Lathif who shall ensure the presence of the petitioner before the trial court, as and when the case is taken up for trial. This revision petition is disposed of as above. V. RAMKUMAR, JUDGE. mn.