IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Crl.MC.No. 2203 of 2008() ------------------------- CMP.1572/2008 of JUDL.MAGISTRATE OF FIRST CLASS, NADAPURAM .................... PETITIONER: ACCUSED: -------------------- MUHAMMAD ALI, S/O.ANDRU, AGED 30/08, THUNDIYIL HOUSE, PALERI AMSOM DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.SANTHARAM.P RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. -------------------------------------------------- Crl.M.C. No. 2203 of 2008 ------------------------------------------------- Dated this the 8th day of July, 2008 ORDER The petitioner has come before this Court for deletion of a condition imposed on him when he was enlarged on bail that he must surrender his passport before the learned Magistrate. The passport was surrendered; but it was later released to the petitioner by the learned Magistrate for the purpose of renewal of Visa on condition that he shall surrender the passport within a stipulated period. 2. The petitioner did not surrender the passport. According to the petitioner, he had handed over the same to his employer abroad. That employer is retaining the passport. He is hence not in a position to surrender the passport back before the learned Magistrate. The learned Magistrate has initiated coercive steps against the petitioner. In these Crl.M.C. No. 2203 of 2008 -: 2 :- circumstances, the petitioner has come to this Court for a direction that the said condition may be deleted and he may be saved of the trauma of coercive processes chasing him. 3. The application is opposed by the learned Public Prosecutor. The learned Public Prosecutor submits that the petitioner has violated the conditions of the order under which the passport was released to him. He may be directed to surrender the passport and thereafter, if necessary, apply for deletion of the condition that the passport must remain in the custody of the court. 4. After discussions at the Bar, the learned counsel for the petitioner submits that the petitioner shall be in a position to surrender the passport before the learned Magistrate on or before 31/7/08. I accept the said undertaking of the petitioner and direct that coercive processes shall not be initiated or continued against the petitioner till 31/7/08. On or before that date the petitioner must surrender the passport in which event it shall be reckoned as sufficient compliance with the directions issued by the learned Magistrate. 5. After the petitioner so surrenders the passport, it shall, of course, be open to the petitioner to apply for deletion of the said condition and the learned Magistrate must consider such Crl.M.C. No. 2203 of 2008 -: 3 :- application on merits and pass appropriate orders expeditiously – at any rate, within a period of 14 days of the date on which such application is filed. 6. This Crl.M.C. is accordingly allowed to the above extent. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge