IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 Crl.MC.No. 172 of 2011() ------------------------ PETITIONER/ACCUSED: ----------------------- ABDUL ZACHARIYA, S/O.ABDUL KHADER, AGED 55, N.M.KAMPIVALAPPIL HOUSE, LAJNATH WARD, ALISSERY MURI, ALAPPUZHA WEST VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.A.MOHAMMED SRI.K.I.SAGEER RESPONDENTS/STATE & ACCUSED NO.1 & 2: ------------------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, ENATHU POLICE STATION (CRIME NO.420/2010) ENATHU, ADOOR, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J * * * * * * * * * * * * * Crl.M.C.No.172 of 2011 ---------------------------------------- Dated this the 19th day of January 2011 O R D E R This petition is filed by the accused in crime No.420 of 2010 of Enathu police station for offence punishable under Section 420 I.P.C. He was arrested on October 22, 2010 and released on bail on November 8, 2010 as per order of learned Judicial First Class Magistrate Court, Adoor. While granting bail, learned Magistrate imposed a condition that petitioner shall surrender his passport. The prayer in this petition is to direct learned Magistrate to release the passport to the petitioner. Learned counsel for the petitioner submits that investigation of the case is over and charge sheet has already been submitted. 2. If that be so, petitioner has to move the trial court. I make it clear that it will be open to the petitioner to move the learned Magistrate for appropriate relief such as lifting or modifying the condition or, release of passport, if circumstances warranted. Crl.M.C.No.172 of 2011 2 3. Without prejudice to that right of the petitioner, this petition is closed. (THOMAS P.JOSEPH, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.172 of 2011 3 Crl.M.C.No.172 of 2011 4 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011