IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 Crl.MC.No. 426 of 2011() ------------------------ CRMP.8195/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, TIRUR CC NO.40/2010 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I, TIRUR CRIME NO.266/2009 OF KUTTIPPURAM POLICESTATION .................... PETITIONER(S): ACCUSED ---------------------- ANEES S/O MUHAMMED KUTTY, AGED 25, CHAKKUNGAL HOUSE, PUNNATHALA, VETTICHIRA, MALAPPURAM DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, KUTTIPURAM POLICE STATION IN CRIME NO.266/2009. BY PUBLC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.426 of 2011 -------------------------------------- Dated this the 16th day of February, 2011. ORDER Petitioner is the accused in Crime No.266 of 2009 of Kuttippuram Police Station for offences punishable under Sections 353 and 332 of the Indian Penal Code. He was granted bail by the learned Sessions Judge, Manjeri with conditions including that he shall surrender his passport in the trial court. Later final report was filed in the court of learned Judicial First Class Magistrate-I, Tirur and the case is filed as C.C.No.40 of 2010. Petitioner wanted to go abroad in connection with his job and filed C.M.P.No.8195 of 2010 before learned Magistrate requesting to release the passport. Learned Magistrate opined that condition was imposed by the learned Sessions Judge, Manjeri and hence it is not proper for the learned Magistrate to release the passport. C.M.P.No.8195 of 2010 was dismissed by Annexure-A2, order which is under challenge. Learned counsel contended that there is nothing before the learned Sessions Judge relating to the case so that petitioner could file application before the learned Sessions Judge. According to the learned counsel, after final report is filed jurisdiction is vested with the learned Magistrate to release the passport. I have heard learned Public prosecutor. Crl.MC No.426/2011 2 2. I am unable to accept the argument of learned counsel. Even when the bail application was filed before the learned Sessions Judge, no record relating to the case was pending before that court. The fact that a final report was later filed does not mean that it is for the trial court to lift the condition imposed by the superior court. Condition was imposed by the learned Sessions Judge. Necessarily petitioner has to move the learned Sessions Judge to modify or lift the condition. If any such petition is preferred it is within the power of learned Sessions Judge, if necessary to summon the CD file from the Investigating Agency, hear the Public Prosecutor and pass appropriate orders. I do not find any illegality in the learned Magistrate passing Annexure-A2, order. Without prejudice to the right of petitioner to approach the learned Sessions Judge, Manjeri with appropriate request, this petition is dismissed. THOMAS P.JOSEPH, Judge. cks