IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Crl.MC.No. 3762 of 2007() ------------------------- PETITIONER: ACCUSED: -------------------- 1. ISMAIL @ KAMMENA ISMAIL, S/O.UMMAR, AGED 35 YEARS, KAMMANA HOUSE, KEEZHPAYUR, MEPPAYUR KOYILANDY TALUK, KOZHIKODE DISTRICT. 2. ABDUL BASHEER @ KUNHIKANDI BASHEER, S/O. ABDULLA, AGED 38 YEARS, KUNHIKANDIYIL HOUSE, MEPPAYUR P.O., KOYILANDY TALUK, KOZHIKODE DIST. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PERAMBRA POLICE STATION IN CR.NO.257/96. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 3762 of 2007 * * * * * * * * * * * * * * * * * * Dated: 25-01-2008 ORDER Petitioners were granted bail by the Sessions Court, Kozhikode as per order dated 17-1-1997 in Crl.M.P. No. 33 of 1997 on the footing that they were accused in Crime No. 257 of 1996 of Perambra Police Station registered for offences punishable under Sections 324, 427 and 307 read with S. 34 I.P.C. and Sec. 3 of the Explosive Substances Act. One of the bail conditions in Annexure A1 order was that they should surrender their passport before the Court. Petitioners, accordingly, surrendered their passports before the Sessions Court. Thereafter, the petitioners filed C.M.P. Nos.1868/07 and 33/1997 seeking release of their passport for the reason that they have not been charge-sheeted in the above crime. However, the said petition was dismissed on the ground that the petitioners had violated the bail condition by going abroad and if the passport is released to them there is every chance of the petitioners fleeing from justice. 2. This Court ascertained from the Sessions Court, Kozhikode as to whether the petitioners are arrayed as accused in the final report in Crime No. 257 of 1996 of Perambra Police Station. It has -:2:- been informed that the petitioners are not arrayed as accused in the charge-sheet. I see no reason why the passports should not be released to the petitioners. If, during the crime stage, they had really violated the bail condition by going abroad, nothing prevented the investigating officer from reporting the said fact to the court and getting the bail cancelled. That has not been done. Moreover, the petitioners are not charge sheeted by the police. Accordingly, Annexure B order is set aside and the passports surrendered before the Sessions Court, Kozhikode shall be returned to them. V. RAMKUMAR, (JUDGE) ani.