IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 2744 of 2008 ( IN THE MATTER OF CRIME NO.435/05 OF PERAMBRA POLICE) ------------------------- PETITIONER/ACCUSED: ------------------------- RAJEESH, AGED 32 YEARS, S/O. KANARAN, KELOTH MEETHAL HOUSE, ERAVATTUR AMSOM, KALLODE, KOYILANDY TALUK. BY ADV. SRI.SANTHARAM.P RESPONDENT/COMPLAINANT-STATE.: ------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2744 of 2008 ------------------------------------- Dated this the 22nd day of July, 2008 ORDER Petitioner was granted regular bail by the Sessions Judge subject, inter alia, to the condition that he shall surrender his passport. It would appear that the petitioner had submitted before the learned Sessions Judge that he shall not apply for release of his passport surrendered till the case is over. But certain change of circumstances has taken place and the petitioner is now obliged to apply for release of his passport. He has, instead of moving the learned Sessions Judge, come to this Court with this petition under Section 482 Cr.P.C for a direction to release the passport. 2. Did the petitioner move the learned Sessions Judge ? Why did he not move the learned Sessions Judge and directly come to this Court with this petition ? The learned counsel for the petitioner submits that in view of the submission that was made earlier before the learned Sessions Judge that he shall not apply for release of his surrendered passport till the case is over, the petitioner feels that no useful purpose will be served by applying to the learned Sessions Judge. Crl.M.C. No.2744 of 2008 2 3. The approach is obviously incorrect. The prayer in this petition is made on the basis of change in circumstances, namely, securing of employment abroad by the petitioner and his very urgent need to leave for his place of employment abroad. I feel that the petitioner must move the learned Sessions Judge to modify the said condition and I find no reason why the learned Sessions Judge should not consider such prayer on merits in the light of the intervening circumstance. Appropriate orders must be passed by the learned Sessions Judge. 4. With the above observations, this Crl.M.C is dismissed. Sd/- (R.BASANT, JUDGE) rtr/- /true copy/ P.A to Judge