IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 Crl.MC.No. 2668 of 2010() ------------------------- CC.NOS..364/2007, 365/07, 397/07, 394/07 AND 391/07 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): ACCUSED ---------------------- KUNHIMARAKKAR NAMBRATH,NAMBRATH HOUSE, P.O.VALANCHERI KOTTARAM,MALAPPURAM DISTRICT, PIN-676552. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE PASSPORT OFFICER,PASSPORT OFFICE, MALAPPURAM. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2668 of 2010 -------------------------------------- Dated this the 15th day of July, 2010 ORDER Petitioner, who is the common accused in Crime Nos.96, 97, 98, 99 and 100 of 2007 of Valancheri Police Station for an offence punishable under Section 411 of the IPC in respect of five gas cylinders and now pending before the J.F.C.M Court, Tirur as C.C.Nos.364, 365, 397, 394 and 391 of 2007, seeks a direction to the 2nd respondent, the Regional Passport Officer, Malappuram to release the petitioner's Passport No.H4721433 temporarily for a period of six months to enable him to proceed to 'Hajj' pilgrimage for the year 2010. In the light of the decision in Ashok Kumar v. State of Kerala 2009 (2) KLT 712, the petitioner is given permission to go abroad for a period of six months. The passport of the petitioner shall be released for a period of six months on his executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like amount to Crl.M.C. No.2668 of 2010 : 2 : the satisfaction of the J.F.C.M Court, Tirur and undertaking before the Magistrate that he will surrender the passport before the 2nd respondent within six months of release of the same and that he shall appear before the Court at any subsequent stage of the trial, if the Court finds his presence inevitable notwithstanding the personal exemption granted under Section 205 Cr.P.C. The petitioner shall also leave his local address as well as the address abroad and the name, address and phone number of his local Advocate. This Criminal M.C is disposed of as above. V.RAMKUMAR, JUDGE dmb