IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Crl.MC.No. 2214 of 2010() ------------------------- AGAINST THE ORDER DATED 05/06/2010 IN ORDER IN CMP.1449/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... PETITIONER(S): PETITIONER/ACCUSED --------------------------------- SURENDRAN, S/O.VELAYUDHAN, MADATHIPARAMBIL, THUYYAM, EDAPAL P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): STATE -------------------- 1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Addl.R2. REGIONAL PASSPORT OFFICER KOZHIKKODE Additional R2 impleaded as per the order dated 6.7.2010 in Crl.M.A.No.3684/10 BY PUBLIC PROSECUTOR MR.KAMMAPPU SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2214 of 2010 -------------------------------------- Dated this the 14th day of July, 2010 ORDER Petitioner, who is the accused in Crime No.242/2010 of Ponnani Police Station for an offence punishable under Section 419 IPC and Section 12(b) (1) of the Indian Passport Act 1967, challenges Annexure AI order dated 5.6.2010 passed by the J.F.C.M Court, Ponnani dismissing his application filed as CMP No.1449/2010 for interim custody of his passport. 2. The case of the petitioner can be summarised as follows:- The petitioner's name is Surendran with an alias name Babu. He went to Sharja in the year 1984 on the strength of his Passport No.Y271139 issued by the Regional Passport Office, Kozhikkode in his name Surendran. He was employed there in the farm house of one Arab. His employer had retained his passport. When he asked his employer to return his passport for the purpose of visiting his native place, the employer had threatened him. Thereupon he managed to escape from his place of employment. Subsequently, he joined Crl.M.C. No.2214 of 2010 : 2 : a hotel in Sharja. Thereafter, he surrendered before the police there and was put behind the bars for not being in possession of valid travel documents. Subsequently, he reached his native place and through a travel agent obtained another Passport No.F5403516 issued by the Regional Passport Office, Malappuram in his alias name Babu. That was in the year 1986. He went back to Sharja using the said passport. In the year 1995 he came back to India. He renewed his passport in the year 1996. Thereafter he went to Beharin in the year 1997 and there he worked as a driver. In the year 2006 he again renewed his said passport while he was in Beharin. In the month of March 2000, he returned to his native place. On the complaint by one of his relatives, the police registered the above case and seized his passport which is at present in the custody of J.F.C.M Court, Ponnani. 3. Admittedly, the petitioner has not reported the loss of his first passport. Whoever, he is responsible for the procurement of his second passport, the fact remains that, it was obtained without undergoing the procedure prescribed for issuance of a second passport. But at the same time, the Crl.M.C. No.2214 of 2010 : 3 : petitioner stands the risk of losing his job abroad. Accordingly, the passport (second passport) obtained by the petitioner in the year 1986 and presently in the custody of J.F.C.M Court, Ponnani shall be returned to the petitioner to enable him to resume his employment in Beharin for a period of one year, in the course of which he shall report the loss of his first passport and shall take steps for the issue of a fresh passport in his real name Surendran. The present passport, which is directed to be returned to the petitioner can be surrendered before the Regional Passport Officer as and when he is issued a fresh passport in his real name. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb