IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Crl.MC.No. 1725 of 2008() ------------------------- SC.29/2008 of ASSISTANT SESSIONS COURT, TIRUR .................... PETITIONER: ACCUSED ------------------- SHAHUL HAMEED @ SHOUKATH, S/O.MUHAMMED, CHARUPADIKKAL, EDAKKANDIPURAYIL HOUSE, PALLIKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, THENHIPALAM POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/04/2008, THE COURT ON 29/04/2008 PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------ Crl.M.C.No.1725 of 2008 ------------------------------------- Dated this the day of April, 2008 ORDER Petitioner is an accused in Crime 31 of 2003 of the Thenhipalam Police Station for the offences punishable under Sections 450, 376 and 506(ii) I.P.C, who is subsequently acquitted as per Annexure-B judgment. But when he approached the court for return of the passport which was already surrendered, he was directed to obtain appropriate order from the appropriate court and hence he filed this Crl.M.C with a prayer for an order to return the passport which he already surrendered. 2. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor. On going by the materials available on record, especially as per Annexure-A order dt.7.12.07 in B.A.7567 of 2007, it is clear that this Court had granted anticipatory bail in favour of the petitioner upon five conditions mentioned therein, out of which, the second condition was that the petitioner shall surrender his passport before the Crl.M.C.No.1725 of 2008 2 learned Magistrate. According to the counsel, he had surrendered his passport in terms of the conditions imposed while granting bail as per Annexure-A order. Now the petitioner has been acquitted of all the charges levelled against him as per Annexure-B judgment dt.11.04.08 of the Assistant Sessions Court, Tirur in Sessions Case No.29 of 2008. It is the further case of the petitioner that though the petitioner had approached the learned Magistrate for getting back his passport, which was surrendered on the basis of Annexure-A bail order, the same is not returned by the learned Magistrate and he was directed to obtain an order from this Court, since the passport was received in that court as per Annexure-A order from this Court and unless an order is obtained from this Court it cannot be returned. From the averments contained in the Crl.M.C and from the documents produced along with the Crl.M.C, it can be seen that as per Annexure-B judgment, the petitioner has been acquitted of all the charges levelled against him on the basis of the report filed by the police after investigation in Crime No.31 of 2003 of Thenhipalam Police Station. It is also relevant to note that as per Crl.M.C.No.1725 of 2008 3 Annexure-A order, this Court has granted anticipatory bail in favour of the petitioner in the very same crime namely, Crime No.31 of 2003 of Thenhipalam Police Station. It is the further case of the petitioner that he had surrendered his passport in terms of the conditions contained in Annexure-A bail order. Since the petitioner who has already been acquitted as per Annexure-B judgment, I am of the view that the passport need not be kept in the court below if it is already surrendered before it and hence an order can be issued directing the learned Magistrate to return the petitioner's passport. In the light of the above facts and circumstances, this Crl.M.C is disposed of directing the learned Judicial Magistrate of the First Class, Parappanangadi to return the passport to the petitioner forthwith, on appropriate receipt, if he had already surrendered the passport before that court in terms of Annexure- A order. This Crl.M.C is disposed of accordingly. (V.K.MOHANAN, JUDGE) rtr/- Crl.M.C.No.1725 of 2008 4