IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 Crl.MC.No. 236 of 2011() ----------------------------- (CRL.M.P. NO.1769/2010 IN CRL.M.C. NO.1301/2010 OF SESSIONS COURT, MANJERI IN CRIME NO.397/2010 OF KOLATHUR POLICE STATION) .................... PETITIONER(S): PETITIONER/ACCUSED NO.1 ----------------------------------------------------- ABDUL SALEEM,S/O.KUNHIMUHAMMED,MANGADAN HOUSE,CHOVANA,VATTALLUR,MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENTS/STATE ----------------------------------------------- THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,KOLATHUR POLICE STATION- THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM,KOCHI-31. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.236 of 2011 --------------------------------------- Dated this 27th day of January, 2011 ORDER This petition is in challenge of Annexure-C, order dated December 27, 2010 passed by learned Additional Sessions Judge in charge of learned Sessions Judge, Manjeri limiting the time for production of passport as per condition imposed by Annexure-A, order to fifteen days. 2. When petitioner was granted bail in Crime No.397 of 2010 of Kolathur Police Station for offences punishable under Secs. 498A and 324 r/w Sec.34 of the Indian Penal Code learned Sessions Judge directed that petitioner shall surrender his passport before the investigating officer and if he has none, to file an affidavit in that line. Since the period of passport of petitioner had expired, petitioner had to submit the same to the passport authority concerned for its renewal but it was not received back. Thereon petitioner filed Crl.M.C.No.1769 of 2010 requesting to delete the condition. Learned Additional Sessions Judge in charge of the Sessions Judge while refusing to lift the condition modified condition No.5 and directed that petitioner shall file an affidavit before the investigating officer that his Crl.M.C.No.236 of 2011 -: 2 :- passport is entrusted to the passport office, Kozhikode and undertaking to surrender the passport within fifteen days before the investigating officer. Learned counsel submitted that petitioner has not so far got back the passport after renewal from the authorities concerned and hence was not able to comply with the condition as above stated. 3. Having regard to the circumstances stated, I do not find it necessary to lift the condition as such but, it is sufficient that petitioner is granted time to produce the passport getting it renewed from the authorities concerned. In the circumstance this petition is disposed of granting two months' time from this day to the petitioner to surrender the passport as directed in Annexure-A, order. Petitioner may produce a copy of this order to the passport authority concerned, who shall make every endeavour to renew the passport (if it is otherwise permissible to do so) at the earliest so that petitioner could comply with the condition. If any further extension of time is required, it is open to the petitioner to move the learned Sessions Judge stating reasons. Petitioner shall within two weeks file the affidavit as directed by the court below undertaking to surrender the passport within two months from this day. (THOMAS P JOSEPH, JUDGE) Sbna/-