IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 OP(Crl.).No. 1824 of 2011(Q) ---------------------------------------- CRMP.61/2011 of SESSIONS COURT, KOLLAM CRIME NO.7/2011 OF ERAVIPURAM POLICE STATION, KOLLAM DISTRICT .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- SHAJAHAN, AGED 43 YEARS,S/O.YOUNUS KUNJU, MANAGING DIRECTOR, BHARATH TOURS AND TRAVELS, BHARATH HAJJ AND UMRA SERVICE, BHARATH TOWER,OPPOSITE TALUK OFFICE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): STATE ------------------------------------- THE STATE OF KERALA,REP.BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. MANU THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- O.P(Crl).No.1824 of 2011 --------------------------------------- Dated this 10th day of June, 2011 JUDGMENT Petitioner is accused in Crime No.7 of 2011 of Eravipuram Police Station challenges Ext.P2, order dated April 26, 2011 of the Court of learned Judicial First Class Magistrate-II, Kollam. Petitioner is alleged to have committed offence punishable under Secs.420 r/w Sec.34 of the Indian Penal Code. As per Ext.P2, order petitioner was directed to produce his passport on or before 10.06.2011. Since Ext.P2, order was not that much clear I got information from the learned Judicial First Class Magistrate- II, Kollam through the Registrar (Judicial). It is reported that learned Magistrate had, by order dated 26.04.2011 directed petitioner to surrender his passport. Learned counsel submits that his passport is produced before the Hajj Committee, he being a travel agent engaged in arranging Hajjies for Hajj pilgrimage occasionally has to accompany them to look after their convenience. In the circumstance, if the passport is surrendered petitioner will be put to much difficulties. 2. But it is seen that on 26.04.2011 learned Magistrate has directed petitioner to surrender his passport. Petitioner has O.P(Crl).No.1824 of 2011 -: 2 :- to challenge that order. Resultantly, without prejudice to the right of petitioner to challenge the order dated 26.04.2011 directing him to surrender the passport, this criminal miscellaneous case is closed. Ext.P2, order directing petitioner to surrender the passport however is stayed for a period of three weeks from this day on condition that during the said period petitioner shall not go abroad. (THOMAS P JOSEPH, JUDGE) Sbna/-