IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Crl.MC.No. 2508 of 2010() ------------------------- CMP.2968/2010 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): -------------------------- EDAKKADAN KALATHIL MUHAMMOOD, AGED 25 YEARS, S/O.YACOB EDAKKADAN KALATHIL, KALATHIL HOSUE, VILAYIL P.O., PARAPUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT(S): ------------------------ 1. THE PASSPORT OFFICER, MALAPPURAM. 2. S.I. OF POLICE, (IMMIGRATION WING), CALICUT AIRPORT, THOUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SHRI.THOMAS KACHIRAMATTAM,CGC FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2508 of 2010 = = = = = = = = = = = = = = Dated : 06.07.2010 ORDER Heard the learned counsel for the petitioner/accused, the learned counsel for the 1st respondent, the Regional Passport Officer, Malappuram and the learned Public Prosecutor representing the State. 2. Petitioner is the 5th accused in Crime No.212 of 2005 of Kondotty Police Station for offences punishable under Sections 471,468 and 420 read with 34 IPC and Section 12(1)(b) of the Indian Passport Act, 1967. His passport was seized by the Sub Inspector attached to Immigration Wing of Calicut Airport on 13.01.2010 on his arrival from Saudi Arabia. The passport was then forwarded to the 1st respondent who impounded the same and it is presently in the custody of the 1st respondent . It was thereafter that the above crime was registered against the petitioner. According to the petitioner, his visa expires Crl. M.C. No. 2508/2010 2 on 11.7.2010 as evidenced by Annexure 9. The petitioner filed C.M.P.No.2968/2010 before the J.F.C.M, Malappuram seeking interim custody of the passport under Section 457 Cr.P.C. The said application has been dismissed as per Annexure 12 order dated 3.7.2010 on the ground that the petitioner's case that the passport was seized by the Kondotty Police was not correct and that the passport was actually seized by the Sub Inspector attached to the Immigration Wing of Calicut Airport and forwarded to the Passport Authority, which has every right to impound the passport. 3. After hearing both sides, I am of the view that all that is needed is a permission to go abroad in terms of notification GSR 570(E) dated 25.08.1993 as was issued by this Court in Asok Kumar v. State of Kerala (2009(2) KLT 712). Accordingly, the petitioner, who is the accused in Crime No.212/2005 of Kondotty Police Station, is permitted to go abroad for a period of two years from today on his Crl. M.C. No. 2508/2010 3 executing a bond a for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M, Malappuram undertaking to appear before the Magistrate or such court as and when required. He shall also furnish to the court below his complete address both local as well as abroad, besides the name, address and telephone/mobile number of his local advocate, who can be contacted for future directions to the petitioner. The 1st respondent Regional Passport Officer shall release the passport forthwith on intimation by the Magistrate of compliance of the above directions. Dated this the 6th day of July, 2010. sd/- V. RAMKUMAR, JUDGE sj /True copy/ P.A.to Judge