IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.MC.No. 2331 of 2008() ------------------------- CRIME NO.469 OF 2005 OF KALAMASSERY POLICE STATION PETITIONER: ------------ UMMAR FAROOQUE, S/O. CHEKKUTTY HAJI FATHIMA MANZIL, RAYINKANATH VEEDU CHETTIPADY-PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.SALIM V.S. RESPONDENTS: ------------- THE ASSISTANT COMMISSIONER OF POLICE THRIKKAKARA,ERNAKULAM DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2331 of 2008 ------------------------------------- Dated this the 27th day of June, 2008 ORDER Prayer by the petitioner, who has been granted bail by default under the proviso to Section 167 Cr.P.C, is that the conditions imposed by this Court in modification of the conditions imposed by the learned Magistrate as per order dated 31.03.06 in Crl.M.C.No.906 of 2006 that the petitioner must surrender his passport, may be relaxed. The investigation is not yet complete. The learned counsel for the petitioner in the course of arguments submits that there may at least be a direction to the investigator to complete the investigation at the earliest. 2. The learned Public Prosecutor submits that the investigation is almost complete. Sanction is required under Section 121 A I.P.C. The investigator is awaiting such sanction. In any view of the matter, final report shall be filed within a period of 6 months from this date, it is submitted. 3. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that after elapse of a period of 6 months from this date, the petitioner shall be entitled to renew his Crl.M.C. No.2331 of 2008 2 request to return the passport to him. He can make such request before the learned Magistrate. The learned Magistrate must consider such request and pass appropriate orders as if the conditions were imposed by the learned Magistrate himself. (R.BASANT, JUDGE) rtr/-