IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Crl.MC.No. 2623 of 2008() ------------------------- [CRIME NO.581/2008 OF CENTRAL POLICE STATION, ERNAKULAM] .................... PETITIONER: ------------ K.K.BANDYOPADHYAY, S/O.SUNIL KUMAR BANNERJI, 48 YEARS R/A.POST MANIKPARA, DISTRICT WEST MEDINIPUR, WEST BENGAL-721513 BY ADV. SRI.N.NAGARESH SRI.T.V.VINU RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. S.I. OF POLICE, CENTRAL POLICE STATION, ERNAKULAM BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2623 of 2008 ---------------------------------------- Dated this the 14th day of July 2008 O R D E R This Crl.M.C is filed by the petitioner aggrieved by the direction to surrender the passport which he was obliged to surrender as per the order dated 29/4/2008 passed by this court. The petitioner was granted bail earlier subject to conditions. As a condition, the petitioner has surrendered his passport. Later when he wanted the passport, that has been released to him, Annexure 2 order dated 29/4/2008 in Crl.M.C.No.1704/2008 was passed. The petitioner surrendered the passport which was released to him. The learned Magistrate has now directed retention of the passport in his court. The petitioner is aggrieved by the said direction. 2. The learned Public Prosecutor was directed to take instructions. The learned Public Prosecutor after taking instructions submits that the investigation is complete. Final report having already been filed, the petitioner may now be directed to surrender before the learned Magistrate and seek regular bail, submits the learned Public Prosecutor. Passport can now be released to the petitioner subject to appropriate conditions which shall ensure his presence before the learned Magistrate as and when directed. 3. Having considered all the relevant circumstances, I am satisfied that the request of the petitioner can be allowed subject to Crl.M.C.No.2623/08 2 appropriate safeguards. 4. In the result, a) This Crl.M.C is allowed. b) The impugned order is set aside. c) The petitioner shall, within a period of seven days, surrender before the learned Magistrate and seek regular bail in the case registered on the basis of the final report filed by the police. After he is released on bail, the learned Magistrate shall release the passport to the petitioner on condition that he executes a further bond for Rs.1,00,000/- (Rupees one lakh only)with two solvent sureties each undertaking to appear and produce his passport before the court as and when his presence is necessary for further progress of the case. The petitioner shall file an affidavit specifying the name of the counsel to whom notice must be given by the learned Magistrate if his personal presence were required by the learned Magistrate in connection with the case. The petitioner shall undertake to surrender his passport before the learned Magistrate within a period of sixty days from the date on which notice to that effect is served on his counsel. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.2623/08 3 Crl.M.C.No.2623/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008