IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Crl.MC.No. 1745 of 2008 ---------------------------------- CC.532/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .......................................... PETITIONER: ACCUSED --------------------------------- M.M.ASHRAF, S/O.MOHAMMED MUSTHAFA, KATHIVILA VEEDU, VANCHIYOOR, P.O.ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM RESPONDENTS: COMPLAINANTS & STATE ------------------------------------------------------------- 1. COLLECTOR OF CUSTOMS, KOCHI. 2. ASSISTANT COLLECTOR, AIR CUSTOMS, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1745 of 2008 ---------------------------------------- Dated this the 29th day of April 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under the Customs Act and the Gold Control Act. The petitioner was granted bail subject to conditions. As condition for grant of bail, he has surrendered his passport before the learned Magistrate. The trial is dragging on. It has not been completed yet. Because the passport is surrendered before the learned Magistrate, the petitioner is not able to go to his place of employment abroad. The petitioner, in these circumstances, applied to the learned Magistrate for release of the passport to him. Passport has not been released. It is, in these circumstances, that the petitioner has come to this court with the prayer that the passport may be directed to be released to him. 2. The learned counsel for the petitioner submits that if the passport is released to the petitioner, the petitioner shall go to the destination abroad and return within a period of three months and surrender the passport back before the learned Magistrate. If such indulgence were not shown, it would cause the petitioner great hardship and jeopardize his right to claim amounts at such place of employment. Subject to appropriate conditions, passport may be directed to be released to the Crl.M.C.No.1745/08 2 petitioner, it is prayed. 3. The application is not opposed. The learned Public Prosecutor only prays that appropriate conditions may be imposed and I am satisfied that the petitioner's request can be allowed subject to appropriate safeguards. 4. In the result, the petition is allowed. The passport surrendered by the petitioner as condition for grant of bail shall be released to him on the following terms and conditions: i) A certified photostat copy of the passport shall be produced in substitution before the learned Magistrate. ii) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) undertaking to reproduce the original passport before the learned Magistrate within a period of three months from the date on which such passport is released to him. iii) The petitioner shall make appropriate application before the learned Magistrate to permit him to be represented by his counsel during the said period of three months. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.1745/08 3 Crl.M.C.No.1745/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007