IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 19128 of 2010(Q) ----------------------- PETITIONER(S): --------------- SUNEESH VELLACHERI, S/O.M.KUNHAPPAN, KUNIYAN, KRIVELLUR P.O., KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE PASSPORT OFFICER, BYPASS ROAD, ERANHIPALAM, KOZHIKODE. 3. PORT REGISTRATION OFFICER, IMMIGRATION WING, CALICUT AIRPORT. 4. SUB INSPECTOR OF POLICE, OFFICE OF THE PORT REGISTRATION OFFICER, IMMIGRATION WING, CALICUT AIRPORT. ADV. SMT.JEBI MATHER HISHAM FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J .............................................. W.P. (C) No. 19128 of 2010 .................................................. Dated: 25th day of June, 2010200 JUDGMENT Petitioner who is the accused in Crime No. 248 of 2006 of Payyannur Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Sec. 149 I.P.C. seeks to quash Ext.P3 notice dated 30-10-2009 and Ext.P7 seizure Form. As per Ext. P3 notice issued by the Passport Officer, Kozhikode the petitioner was called upon to surrender his Passport No. F. 3553649 dated 6-6-2005 before the Passport Officer along with his explanation in view of Sec. 13 (3) (e) of the Passports Act, 1967. As per Ext.P7 seizure form the petitioner's passport was seized by the passport officer on 15-5-2010. 2. Ext.P3 notice was issued consequent on the J.F.C.M. , informing the passport officer that the petitioner is involved in Crime No. 248/06 which is pending before the Magistrate as C.P. No. 81/2009. It is W.P. (C) No. 19128 of 2010 -:2:- not necessary to go into the question of validity or otherwise of Ext. P3 notice. The above case against the petitioner consequent on it having been split up from S.C. 235 of 2007 on the file on the Asst. Sessions Court, Payyannur is pending as C.P. 159 of 2006 before the J.F.C.M. , Payyannur and after a revised committal is now pending before the Asst. Sessions Court, Payyannur as S.C. 638 of 2009. Petitioner who is employed as a Store Keeper in Abudabi is desirous of resuming his employment. 3. If a question of identity does not arise for consideration, the petitioner may file a petition before the Assistant Sessions Court seeking personal exemption in S.C. 638/09 by incorporating appropriate averments in his petition . In case the petitioner files such an application within two weeks from today, the learned Sessions Judge shall consider the same and pass favourable orders. In the light of the notification G.S.R.570 (E) dated 25-8-1993 and the decision in Asok Kumar S.K. v. State of Kerala - 2009 (2) KLT 712, permission is granted to the petitioner to go abroad for a period of two years from today. The Passport of the petitioner impounded by the Passport Authority shall be returned to him to enable him to go W.P. (C) No. 19128 of 2010 -:3:- abroad for a period of two years. The petitioner shall execute a bond for a sum of Rs. 50,000/- with two solvent sureties each for the like amount to the satisfaction of the trial Court undertaking to appear before Court in case his presence before Court is felt inevitable at any stage of the trial. He shall also leave with the Court his local address as well as his address abroad besides the name and other particulars including phone number of his local counsel who could be contacted. Dated this the 25th day of June, 2010. Sd/-V.RAMKUMAR, JUDGE. /true copy/ P.S. to Judge W.P. (C) No. 19128 of 2010 -:4:- V. RAMKUMAR, J .............................................. Crl.M.C. No. .................................................. Dated: 25th day of June, 2010200 ORDER Dated this the 25th day of June, 2010. V.RAMKUMAR, JUDGE. V. RAMKUMAR, J .............................................. Crl.M.C. No. .................................................. W.P. (C) No. 19128 of 2010 -:5:- Dated: 25th day of June, 2010200 ORDER Dated this the 25th day of June, 2010. V.RAMKUMAR, JUDGE. V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 2193 of 2010 * * * * * * * * * * * * * * * * * * Dated: 18th day of June, 2010 ORDER Petitioners are the accused in C.C. No. 1756 of 2009 on the file of the J.f.C.M. I, Aluva for an offence punishable under Section 37 (i) (vii) of Standards of Weight and Measures (Enforcement) Act, 1985 (“the Act” for short). They had come before this Court on an earlier occasion by filing Crl.M.C. They W.P. (C) No. 19128 of 2010 -:6:- contended before this Court that the offence which is actually made out is one punishable under Section 38 of the said Act and not one under Sec. 37 (i) (vii) of the Act. This Court disposed of Crl.M.C. No. 4105/09 as per Annexure -I order dated 11-01- 2010 permitting the petitioner to raise the said question before the Magistrate. No time limit was sought for or granted. The present prayer of the petitioner is to direct the Magistrate to consider the question as to whether a charge is to be framed or not within a time frame to be fixed by this court. There is no dispute that if the offence which is made out is one punishable under Sec. 37 (i)(vii) of the Act, it would involve a warrant trial and if the offence is one punishable under Sec. 38 of the Act it would be a summons trial. The learned Magistrate shall decide as to the offence which is actually made out in the case within one month of receipt of this order and shall thereupon proceed in accordance with law. This Crl.M.C. is disposed of as above. Dated this the 18th day of June, 2010. Sd/-V. RAMKUMAR, (JUDGE) W.P. (C) No. 19128 of 2010 -:7:- ani/ /true copy/ P.S. to judge