IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.MC.No. 2890 of 2008() ------------------------- CRIME NO.57/2008 OF THE MARAD POLICE STATION PETITIONER: ACCUSED NO.1 ------------------------ SULPHIKER, S/O. AHAMMED, NAINAMVALAPPIL, PALLIKKANDY, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, MARAD POLICE STATION, 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 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2890 of 2008 ---------------------------------------- Dated this the 6th day of August 2008 O R D E R The petitioner is the first accused in a crime registered at the Marad police station for offences punishable inter alia under Sections 452,324 and 506(i) I.P.C. The dispute is between the wife of the petitioner and the petitioner. It is submitted that the dispute is basically regarding custody of the child of the petitioner. Crime was registered. Petitioner was arrested. He was enlarged on bail subject to conditions. One of the conditions imposed is that the petitioner must surrender his passport. The passport has accordingly been surrendered before the learned J.F.C.M-5, Kozhikode. The petitioner is on bail. The petitioner wants to go abroad. He therefore wants the condition to be relaxed. Instead of making an application before the learned Magistrate who imposed the condition, the petitioner has come to this court with the prayer that the said condition may be modified and the passport surrendered by him may be released to him to facilitate his journey to his place of employment abroad. 2. It is for the petitioner to appear before the learned Magistrate and pray that the conditions imposed must now be Crl.M.C.No.2890/08 2 modified in view of the change of circumstances. The learned Public Prosecutor submits that the investigation is now complete. Final report has already been filed and cognizance has been taken as C.C.No.357/2008. The petitioner must appear before the learned Magistrate and seek regular bail in that prosecution, that is, C.C.No.357/2008. He can request the learned Magistrate that the condition of deposit of the passport need not now be insisted and that the passport may be released to him to enable him to go abroad. On that application, the learned Magistrate must apply his mind and pass appropriate orders. The petitioner is employed abroad. It is submitted that the matter is unlikely to be taken up for trial in the near future. If cognizance has been taken only recently, the learned Magistrate must consider the totality of circumstances and issue appropriate directions. 3. This Crl.M.C is in these circumstances dismissed with the above observations. Needless to say, if the petitioner is aggrieved by the order of the learned Magistrate, his option to come before this court shall remain unfettered. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.2890/08 3 Crl.M.C.No.2890/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008