IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Crl.MC.No. 890 of 2008(E) ------------------------ CMP.971/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA CRIME NO. 395/2007 of KOVALAM POLICE STATION .................... PETITIONER: ACCUSED -------------------------- ERIC ANTONY PARKER, AGED 66 YEARS, EL NIVAS, NEAR THERIVILA TEMPLE, AVADUTHURA, VIZHINJAM P.O., THIRUVANANTHAPURAM (FROM WVIZ 5 P6, WEST MIDLANDS, SHORT HEALTH WILLENHALL, BLOXWICH ROAD NORTH, ENGLAND). BY ADV. SRI.M.SREEKUMAR RESPONDENTS: STATE ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.890 of 2008 ========================== Dated this the 12 th day of March, 2008. O R D E R The petitioner, a British National, who is the accused in crime No. 395 of 2007 of Kovalam Police Station for an offence punishable under Section 55(a) of the Abkari Act, filed C.M.P. No. 971 of 2008 before the Judicial First Class Magistrate-III, Neyyattinkara for the release of his passport for the purpose of renewal of his visa which is claimed to expire on 15.03.2008. The said application was dismissed by the learned Magistrate holding, inter alia, that there was every likelihood of the petitioner fleeing from the country and making himself scarce for trial. 2. The learned counsel for the petitioner submits that the renewal of the visa can be effected from the Consulate office at New Delhi. If so, a police constable of Kovalam Police Station can escort the petitioner to the Consulate office at New Delhi and the custody of the passport of the petitioner can be given to the said Police Constable for the purpose of renewal of the CRL.M.C. No. 890/2008 : 2: petitioner's visa and the same shall be directed to be returned after the renewal of the visa. If the passport is released to the petitioner, as feared by the Magistrate, there is every possibility of the petitioner slipping out of the country and making himself unavailable for trial. The petitioner is also permitted to withdraw the money by using his passport. The passport shall be handed over to the Constable who is accompanying the petitioner. The Station House Officer, Kovalam Police Station shall make all arrangements for a constable to accompany the petitioner. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.M.C. No. 890/2008 : 3: