IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Crl.MC.No. 770 of 2009() ------------------------ CMP.159/2009 IN CRIME NO.88/08 of CBCID, KOZHIKODE .................... PETITIONER(S) 3RD ACCUSED: ------------------------------------ RADHA @ RADHAMANI @RADHACHI W/O. JAYARAJAN, AGED 66 YEARS, CHEMBAKASSERY VEETTIL, MALUR KARA, EANADHIMANGALAM VILLAGE, PATHANAMTHITTA DISTRICT, NOW RESIDING AT THITTATHARA HOUSE, OPP. SUNORO CHURCH, CHILAVANNUR, KADAVANTHARA. BY ADV. SRI.JOHN VARGHESE SRI.T.SAJI RESPONDENT(S)/STATE AND COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE CBCID, SIG II KOZHIKODE, CAMP AT POLICE CLUB ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 770 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of March, 2009. O R D E R This is an application filed by the petitioner to set aside Annexure A4 order of Judicial First Class Magistrate-I, Ernakulam in CMP 159/09 in Crime No.88/08 of CBCID, Kozhikode. The prayer in the petition was to return the passport surrendered by the petitioner so as to enable her to go abroad to join her daughter and that she is living here alone as her husband is no more. 2. In the trial court the Investigating Officer opposed the application on the ground that investigation in the case is in full swing and if the petitioner is permitted to go abroad it would adversely affect the entire investigation of the case. It is also stated therein that accused No.4 is not yet arrested and the moment he is arrested things have to be pursued further. Learned counsel for the petitioner would contend that the investigation with respect to the present petitioner is over and therefore there is no point in detaining her here in CRL.M.C. 770 OF 2009 -:2:- the State when she wants to join her daughter and that she is prepared to come after few months. This is a case involving so many complications and the investigation is in progress. I do not want at this stage to disrupt the investigation by permitting the petitioner to go abroad but at the same time I may like the investigating agency to finish the investigation as expeditiously as possible with respect to the part played by this petitioner so that she can move the Court for permission to go abroad after getting back the passport. With this observation the CRL.M.C. is disposed of. M.N. KRISHNAN, JUDGE. ul/-