IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 11129 of 2009(I) -------------------------------------- PETITIONER: ------------------- RENDHU SARA KURIAN, MADHURATHIL HOUSE, VELLOOR, PAMPADI-686 501. BY ADVS. MR.M.V.THAMBAN, MR.R.REJI, MR.B.BIPIN. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, COCHIN. 3. ASSISTANT PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, COCHIN. 4. PUBLIC RELATION OFFICER, REGIONAL PASSPORT OFFICE, COCHIN. 5. THE SUPERINTENDENT, REGIONAL PASSPORT OFFICE, COCHIN. 6. MR. SHIBU K.MANI, KOCHUPLAM PARAMBIL, VAKATHANAM, KOTTAYAM DISTRICT. R1 TO R5 BY MR.P.PARAMESWARAN NAIR,ASST.S.G, R6 BY ADV. MR.GEORGE ZACHARIAH ERUTHICKEL, MR.VINO V.GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11129/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FIR IN CRIME NO. 128/2003 OF VAKATHANAM POLICE STATION. EXT.P.2: COPY OF THE FIR NO. 177/2005 OF ETTUMANOOR POLICE STATION DTD. 02/04/2005. EXT.P.3: COPY OF THE REPRESENTATION SENT TO THE R.2. DTD. 28/03/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI, J. ---------------------------------------- W.P.(C).No.11129 of 2009 ---------------------------------------- Dated this the 14th day of July, 2009. JUDGMENT The marriage between the petitioner and the 6th respondent, solemnised on 28.12.2001, was ultimately dissolved. But the 6th respondent-husband is an accused in a criminal case registered for offences under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, as also for offences under Sections 323, 506(i) and 294 read with Section 34 of the Indian Penal Code. The petitioner is the de facto complainant in all those cases. However, the 6th respondent has been enlarged on bail. The petitioner has sought for impounding of the passport of the 6th respondent. 2. A memo has been filed by the counsel appearing for the 6th respondent, producing an order passed by the Judicial Magistrate of the First Class-I, Ettumanoor permitting the passport surrendered by the accused to be returned to him. W.P.(C).No.11129 of 2009 :: 2 :: 3. In these circumstances, the remedy of the petitioner is to move the magistrate for variation of the conditions of the bail or to challenge the order passed by the magistrate, as the case may be. Subject to the above, the writ petition is disposed of. Sd/- (V.GIRI) JUDGE sk/ //true copy//