IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Crl.MC.No. 1019 of 2009() --------------------------------------- C.P.NO.45/09 DTD. 05/03/2009 OF JFCM COURT, NADAPURAM. .................. PETITIONER(S): ACCUSED: --------------------------------------------- SAMEER, S/O.ABDULLA, KIZHAKKAYIL HOUSE, KAKKATTIL- EYYAN KODE, NADAPURAM. BY ADV. MR.PULIKKOOL ABUBACKER MR.ZUBAIR PULIKOOL RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- S.H.O.NADAPURAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1019 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th day of March, 2009. O R D E R This petition is filed against the order of the Judicial First Class Magistrate, Nadapuram in CMP 526/09. The petitioner is an accused in C.P. 45/09 along with others and he stands accused of offences in another case as well or in other words there are two cases pending against this person. Now the request of the petitioner is to release the passport surrendered by him so as to permit him to go abroad for his avocation. It is true that the present petitioner has been an absconding accused and he his facing trial for serious offences. Whatever it may be suppose a trial cannot be completed within a reasonable time one need not be directed to be in the country through out and the Court where the matter is pending can approximately guess time required for commencing the trial and in such circumstances if the party is able to satisfy the conscience of the Court that he will be available as and when required by the Court then on Crl.M.C. 1019 OF 2009 -:2:- stringent conditions passport can be released at the same time protecting the interest of the prosecution in the sense that the accused will be available as and when required. That factor has not been taken note of by the Court below and therefore I set aside the order passed by the learned Magistrate and direct him to reconsider the application in the back drop of the discussion made by me above. If it is to take a long time it is always desirable that the party is not deprived of his livelihood and orders can be passed in his favour at the same time protecting the interest of the prosecution. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-