IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 Crl.MC.No. 89 of 2011() ----------------------- CRL.MP.3561/10 IN CRL.MC.1409/10 OF SESSIOBNS COURT, KOZHIKODE IN CRIME NO.300/10 OF VALAYAM POLICE STATION, KOZHIKODE) .................... PETITIONER/ACCUSED ---------------------------------- FARHAN, S/O.ASARAF, AGED 19 YEARS, KUNHIPARAMBATH HOUSE, THANAKKOTTOR, CHELAKKAD, VADAKARA, KOZHIKODE DISTRICT. BY ADVS. SRI.M.MUHAMMED SHAFI SRI.ABDURAHIMAN VAYALIL PEEDIKAYIL RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.89 of 2011 --------------------------------------- Dated this 24th day of January, 2011 ORDER Petitioner is accused in Crime No.300 of 2010 of Valayam Police Station, Kozhikode for offences punishable under Secs.143, 145, 147, 148, 448 and 427 r/w Sec.149 of the Indian Penal Code and Secs.3 and 5 of the Explosive Substances Act. Learned Sessions Judge, Kozhikode granted bail to the petitioner on 03.11.2010 subject to certain conditions including that petitioner shall surrender his passport. He complied with that condition. It is stated that petitioner got an employment abroad. Petitioner filed Crl.M.P.No.3561 of 2010 before the learned Sessions Judge for release of the passport. That petition was dismissed by order dated 29.12.2010. The said order is under challenge. Learned counsel submitted that if the passport is not issued to the petitioner he will loose his job. I have heard learned Public Prosecutor also. Learned Public Prosecutor after getting instructions submitted that other accused are absconding and that investigation is not complete. Presence of petitioner is required for further investigation. The Investigating officer has also the apprehension that if his passport is released and Crl.M.C.No.89 of 2011 -: 2 :- petitioner goes abroad he might not come back. Learned counsel requested that passport may be released to the petitioner atleast for a short period. 2. It is seen that serious offences are alleged against petitioner and that investigation of the case is not complete. Petitioner was granted bail only on 03.11.2010 and as directed by the learned Sessions Judge petitioner surrendered his passport. The request for release of the passport cannot be entertained in the above circumstances. In the circumstances, I do not find reason to interfere with the order under challenge but, I make it clear that this order or the impugned order will not stand in the way petitioner approaching the learned Sessions Judge with a similar request at a later stage if circumstances justified that. This criminal miscellaneous case is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-