IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Crl.MC.No. 2676 of 2011() ------------------------------------- CRIME NO.234/2011 OF PAYANGADI POLICE STATION, KANNUR DISTRICT --------------------------------- PETITIONER(S): ACCUSED ---------------------------------------- E. MUHAMMED FARUK, AGED 43 YEARS, S/O.T.A. ERAMULLAN, 'THAHIRA MANZIL', MADAI AMSOM, VENGARA, NEAR VENGARA POST OFFICE. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKULAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2676/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX I COPY OF THE ORDER IN CRL.M.C.NO.2225/2011 DATED 25/07/2011 PASSED BY THIS HON'BLE COURT. ANNEX II COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE JFCM, PAYYANNUR DATED 10/08/2011. ANNEX III COPY OF ORDER IN CMP.4079/11 IN CRIME NO.234/11 OF PAYANGADI PASSED BY THE JFCM, PAYYANNUR DATED 12/08/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2676 of 2011 - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2011. O R D E R The petitioner, who is the accused in Crime No. 234 of 2011 of Payangadi Police Station for offences punishable under Section 420 IPC and Section 12(i)(b) of the Passport Act, 1967 has challenged the order dated 12.08.2011 in C.M.P. No. 4079 of 2011 passed by the Judicial First Class Magistrate, Payyannur refusing the release of the passport. The learned counsel for the petitioner states that the visa will expire on 21.08.2011. Unless the passport is released, the petitioner will have to lose his job and the visa period cannot be extended without going to the concerned country. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor vehemently opposed the release of the passport as the genuineness of the passport is in doubt. But, he fairly stated that the passport can be released by imposing stringent conditions. 3. After hearing the learned counsel for the parties, I direct that the passport of the petitioner be released on Crl.M.C. No. 2676/2011 -:2:- furnishing a cash security of Rs.1,00,000/- (Rupees one lakh only) and executing a bond for Rs.1,00,000/- (Rupees one lakh only) with one solvent surety to the satisfaction of the learned Magistrate. The petitioner shall file an undertaking that he will appear before the trial court as and when required by the Magistrate. With the above observation, this Crl.M.C is disposed of. sd/- B.P. RAY, JUDGE. rv Hand over.