IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Crl.MC.No. 3408 of 2009() ---------------------------------- CMP.10859/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM AND IN CRIME NO.327/2009 OF KLIKOLLOOR POLICE STATION. ................................. PETITIONER(S): ACCUSED ------------------------------------ SAIDU SAHIDU MUDASIR, AGED 44 YEARS, S/O.SAIDU USMAN KOYA THANGAL, V.M.KOYA THANGAL HOUSE, SALMATH NAGAR-2, AYATHIL, KILIKOLLOR, KOLLAM. BY ADV. MR. K.SHAJ MR. SAJJU.S RESPONDENT(S)/ RESPNDENT: ------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SS M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3408 OF 2009 =========================== Dated this the 12th day of November,2009 ORDER Four passports alleged to be forged were seized from the petitioner in Crime 327/2009. Petitioner filed C.M.P10859/2009 for interim custody of the passports. By Annexure A1 order learned Magistrate dismissed the petition. This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure A1 order and to direct the Magistrate to release the passports. 2. Learned counsel appearing for the petitioner was heard. 3. The learned counsel submitted that out of the four passports only one passport is valid and in such circumstances, learned Magistrate should have released that passport. Learned Public Prosecutor submitted that all the four passports are shown as passports of the petitioner and the genuineness of the passports is to be ascertained and the case is under investigation and copies of the passports were sent to the concerned authorities and a report is awaited and before receipt Crl.M.C.3408/2009 2 of the report, petitioner is not entitled to get the passports released. I find force in the submission. Petitioner is not entitled to interim custody of the passports at this stage. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006