IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Crl.MC.No. 2149 of 2011() ------------------------------------- LP.8/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-IV, KOZHIKODE .................... PETITIONER/IST ACCUSED ---------------------------------------- IBRAHIM, S/O.ABOOBACKER, 40/03, JANMARAMKOTTIL VEEDU, THAZHAKKAD AMSOM, DESOM, NEELESWARAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. BY PUBLIC PROSECUTOR MR.B. JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2149 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE CHARGE SHEET IN CRIME NO.280/03 OF NADAKAVU POLICE STATION WHICH IS NOW PENDING AGAINST THE PETITIONER AS L.P. NO.8/2010 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE IV, KOZHIKODE AND TRANSLATION CHARGE SHEET. ANNEXURE B: COPY OF THE JUDGMENT OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT IV, KOZHIKODE DATED 04/06/2009 IN C.C.595/07. ANNEXURE C: COPY OF THE ORDER DATED 15/12/2010 IN CRL.MC. NO.4498/2010. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2149 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the first accused in C.C.595/07 on the file of Judicial Magistrate of First Class IV, Kozhikode alleging the violation of Rule 5(3) of the Passport Rules 1980 and the consequential offence under Section 12(3) of the Passport Act 1967. 3. Due to non appearance of the petitioner, non bailable warrant was issued against the petitioner. Learned counsel for the petitioner submits that the petitioner is now ready and willing to surrender before the trial court. If the petitioner surrenders on or before 7th of September, 2011 and applies for bail in the aforementioned case, Magistrate shall release him on bail on such terms and conditions he deems fit. 4. It is evident from annexure-B judgment that the co-accused faced trial and he was acquitted. If an application for discharge is filed by the petitioner claiming discharge, the learned Magistrate shall consider the same and pass a reasoned order thereafter. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes