IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WA.No. 352 of 2009 ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.37864/2008 Dated 19/12/2008 .................... APPELLANT/ RESPONDENT: ----------------------------------------- THE SUPERINTENDENT OF POLICE, CBI-ACB, 3RD FLOOR, KENDRIYA SADAN, SULTHAN BAZAR, KOTI, HYDERABAD 500 095. BY MR.M.V.S.NAMBOOTHIRY,S.C, C.B.I. RESPONDENT/ PETITIONER: ------------------------------------------ KILIYIL HAMZA ABDUL HAKEEM, AGED 32 YEARS, S/O.HAMZA, KILIYIL HOUSE, NARAMPUZHA P.O., PIDAVANNOOR, MALAPPURAM DISTRICT. BY ADV. MR. K.K. MOHAMMED RAVUF. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.352 of 2009 ------------------------------------- Dated 25th February, 2009 JUDGMENT Koshy, Ag.C.J . This appeal is filed against the interim order passed by the learned single Judge. Learned single Judge directed the investigating agency to return the passport seized from the petitioner as at that time no proceedings were pending against the petitioner. It is the case of the appellant that thereafter a report was filed making the petitioner as fifth accused in a case. Whatever may be that, interim order against which this appeal is filed has already been complied with. If passport is necessary, appellant can approach the criminal court where the case is pending for production of the passport, untrammelled by the interim order. However, this will not prevent the investigating agency in takng further proceedings. Appellant is also free to approach the learned single Judge for an early disposal of the writ petition. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks