IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Crl.MC.No. 1704 of 2008() ------------------------------------- CRMP.2756/2008 of CHIEF JUDL.MAGISTRATE, ERNAKULAM CRIME NO.581/2008 OF CENTRAL POLICE STATION, ERNAKULAM .................... PETITIONER: ACCUSED ------------------- K.K. BHANDOPADYAYA, AGED 47 YEARS S/O.S.K.BHANOPADYAYA, MANIPARA DISTRICT PACHIM MIDNAPUR, WEST BENGAL 721 513 BY ADV. SRI.C.HARIKUMAR SRI.VIZZY GEORGE KOKKAT SRI.ARAVINDA KUMAR BABU T.K. RESPONDENTS/ STATE ----------------------- STATE OF KERALA REPRESENTED BY S.I. OF POLICE, CENTRAL POLICE STATION ERNAKULAM THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1704 of 2008 ---------------------------------------- Dated this the 29th day of April 2008 O R D E R The petitioner faces allegations in a crime registered under the provisions of the Emigration Act. He was granted bail. In connection with the investigation, the passport of the petitioner was seized by the police and the same was produced before court. The petitioner wants to go abroad. There is no condition of bail that he should not go abroad. But because the passport is produced before the learned Magistrate, the petitioner is not able to go abroad. He very badly wants to go abroad in connection with his work. The petitioner applied to the learned Magistrate for release of the passport. The same has not been released to him. By the impugned order, the said prayer was turned down. The petitioner has come to this court with this petition under Section 482 Cr.P.C for a direction subject to appropriate safeguards to release the passport to him to enable him to go abroad. 2. Notice has been given to the learned Public Prosecutor. The learned Public Prosecutor has been heard. The learned counsel for the petitioner makes it clear that he is not applying for release of the other articles seized; but the only prayer is that the passport may be released to him. Crl.M.C.No.1704/08 2 3. Having considered all the relevant circumstances, I am satisfied that a direction can be issued to the learned Magistrate to release the passport to the petitioner subject to appropriate conditions. 4. In the result, this petition is allowed. The passport of the petitioner which is seized by the police and produced before the learned Magistrate shall be released to the petitioner on the following terms and conditions: i) An attested photostat copy of the passport shall be produced in substitution. ii) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) undertaking to produce the passport before the learned Magistrate as and when directed by the learned Magistrate. iii) The petitioner shall specify the name of his counsel or such other persons to whom notice should be issued by the court to direct him to produce the passport before the court. iv) The petitioner shall reproduce the original passport before the learned Magistrate within a period of sixty days from the date on which such a direction is issued by the learned Magistrate to the petitioner/persons specified by the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.1704/08 3 Crl.M.C.No.1704/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007