IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Crl.MC.No. 205 of 2010() ----------------------------------- CRMP.3155/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, ERNAKULAM CRIME NO.454/2009 OF CHERANELLOOR POLICE STATION. .................... PETITIONER/ACCUSED NO.1 ------------------------------------------ SREEKUMAR, S/O. SUNDARESAN, VELIYATH HOUSE, (123, VELIYATHU SREYAS), SOUTH CHITTOOR, CHERANELLOOR, COCHIN-27. BY ADV. MR.S.SUBHASH CHAND RESPONDENTS/STATE & PUBLIC PROSECUTOR ------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHERANELLOOR POLICE STATION. 2. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.205 OF 2010 ------------------------------------------ Dated 24th March 2010 O R D E R Learned counsel appearing for the petitioner submitted that learned Public Prosecutor has submitted that passport issued to the petitioner was cancelled. It is submitted that petitioner may be granted liberty to challenge that order and once that order is cancelled and passport is renewed/restored petitioner may be granted liberty to approach learned Magistrate for its release and in that event learned Magistrate may be directed to consider the application, untrammelled by the observation in Annexure-6 order and with that liberty petition may be withdrawn. Crmc 205/10 2 2. Petition is dismissed as withdrawn granting liberty to the petitioner to challenge the order canceling passport. If the said order is cancelled and passport is restored/renewed, petitioner is at liberty to approach the learned Magistrate and in that case observation in Annexure-6 order will not prevent the petitioner from getting the relief. M.SASIDHARAN NAMBIAR, JUDGE. uj.