IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 CRL.MC.NO. 347 OF 2011() -------------------------------------- CMP.55/2011 OF SESSIONS COURT, KOZHIKOE .................... PETITIONER(S): ACCUSED -------------------------------------- MUHAMMED RAFI, AGED 26, S/O.ABDULLA, MADUMMAL HOUSE, NARIKKATTERI, CHELAKKAD, VADAKARA TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.347 of 2011 ==================================== Dated this the 16th day of February, 2011 O R D E R Petitioner challenges the order passed by the court of learned Sessions Judge, Kozhikode in C.M.P. No.55 of 2011 in Crl. M.C. No.1641, 1642 and 1643 of 2010. He is accused in four cases involving offences punishable under Sections 452, 427 and 436 of the Indian Penal Code (for short, “the Code”) and Sections 3 and 5 of the Explosives Substances Act (for short, “the Act”). The alleged incident occurred on 03.11.2010 and the following days. While granting bail learned Sessions Judged directed that petitioner shall surrender his passport or file affidavit. Accordingly petitioner surrendered his passport. Later petitioner sought release of his passport stating that he is working abroad and wants to go abroad. That application was dismissed by the learned Sessions Judge. That order is under challenge. Learned counsel submitted that if the passport is not released to the petitioner he will lose his job. I have heard leaned counsel for petitioner and the learned Public Prosecutor. 2. It is seen that petitioner is involved in four cases, all involving serious offences including offences under the Code and CRL.M.C. No.347 of 2011 -: 2 :- the Act. It is also seen that the incident occurred on 03.11.2010 and the following days. Having regard to the nature of the offences involved learned Sessions Judge was not inclined to allow the application and release the passport. I do not find reason to interfere. Criminal Miscellaneous Case is dismissed. THOMAS P. JOSEPH, JUDGE. vsv