IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 Crl.MC.No. 4591 of 2008() ------------------------- CMP.3872/2008 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): --------------- NIZAR, AGED 25 YEARS, S/O.ABDUL KHADER, PANALAM HOUSE, PARALA OOKAMPETTI, CHETTOOR P.O., KASARAGOD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): STATE -------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4591 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December, 2008 O R D E R The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 468 I.P.C. and Section 12(1)(b) of the Indian Passport Act. He was arrested on 6.7.08 when he had checked in to the Air Port to travel abroad with as many as 31 Indian passports, 15 international driving licences etc. On the apprehension that the petitioner is involved in the commission of serious crimes, he was arrested and produced before Court on 7.7.2008. He was granted bail, subject to conditions on 17.7.2008. The passport of the petitioner is now available in court. 2. The petitioner prayed before the learned Magistrate that the passport may be released to him. The learned Magistrate by the impugned order rejected that request. The petitioner claims to be aggrieved by the impugned order. The learned counsel for the petitioner submits that the petitioner has to travel abroad to Crl.M.C.No. 4591 of 2008 2 get his VISA renewed. The passport may be directed to be released to him and he may be permitted to travel with the passport to his place of employment and return within a period of one month. If such indulgence were not shown to him, he will not be able to get his VISA renewed, submits the counsel. 3. The application is stoutly opposed by the learned Prosecutor. The learned Prosecutor submits that there is reason to believe that the petitioner is involved in the commission of very serious offences. The nature of the articles recovered from his possession when he was attempting to travel abroad is crucially relevant. The passport of the petitioner shows that he has been frequently travelling to places abroad on visit VISAs. Investigation has been taken over by the Crime Branch considering the seriousness of the crime allegedly committed. At this stage of investigation the passport may not be released to the petitioner and the petitioner may not be permitted to travel out of India. The Investigators may be given some further time to complete the investigation, submits the learned Prosecutor. Crl.M.C.No. 4591 of 2008 3 4. Having considered all the relevant circumstances I am persuaded to agree that there is force in the opposition by the learned Prosecutor. I am satisfied that the petitioner is not now entitled to get his passport released to him. The police is justified in insisting that the petitioner must be available in India to facilitate completion of the investigation and should not be allowed to travel abroad at this juncture. 5. In the result this Crl.M.C. is dismissed. I may hasten to observe that the Investigators must take all steps to ensure that the investigation is completed as expeditiously as possible. The petitioner can renew his request for release of the passport after a period of two months from this date, by which time I expect the Investigators to complete the investigation. Such fresh application shall again be considered by the learned Magistrate on merits and in accordance with law. (R. BASANT) Judge tm Crl.M.C.No. 4591 of 2008 4