IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 CRL.MC.NO. 207 OF 2011() --------------------------------------- (CRIME NO.588 OF 2010 OF PAYYOLI POLICE STATION CRL.M.C NO.1404 OF 2010, SESSIONS COURT, KOZHIKODE) PETITIONER(S): 1ST PETITIONER ------------------------------------------------ ABDUL RAHMAN, AGED 48, YEARS, S/O.LATE KALANTHAN HAJI, KAVUNGILODY HOUSE, P.O.PAYYOLI ANGADI, THURAVYOOR AMSOM DESOM, QUILANDY TALUK. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2011 ALONG WITH CRL. M.C. NO.207 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. Nos.207 & 211 of 2011 ==================================== Dated this the 24th day of January, 2011 O R D E R Petitioners are accused in Crime Nos.588 and 587 of 2010 respectively of Payyoli police station. In the former case offences alleged are under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 of the Indian Penal Code (for short, “the Code”) while in the latter case is under Sections 143, 147, 148, 341, 452, 324 and 427 read with Section 149 of the said Code. Petitioners were granted anticipatory bail by the learned Sessions Judge and as condition for the same petitioners were directed to surrender their passports. That condition was challenged by the petitioners in Crl. M.C. Nos.4515 and 4514 of 2010, respectively. Those petitions were disposed of by this Court directing petitioners to comply with the condition and then ask for release of the passports. Accordingly petitioners surrendered their passports. Now petitioners seek release of their passports for the reasons stated in these petitions. 2. Petitioners have to make necessary application to the learned Sessions Judge at the first instance seeking release of their CRL. M.C. Nos. 207 & 211 of 2011 -: 2 :- passports. There is no reason why this Court should interfere under Section 482 of the Code of Criminal Procedure at this stage. In the circumstances this Criminal Miscellaneous Case is closed without prejudice to the right of petitioners to approach the learned Sessions Judge with appropriate application for release of the passports. THOMAS P. JOSEPH, JUDGE. vsv