IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 Crl.MC.No. 1242 of 2009() ------------------------- CMP.4023/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR CRIME NO. 56/05. .................... PETITIONER(S): PETITIONER ------------------------------------ STANIN SAIMON,S/O.SAIMON, ANANDAM PARAMBIL HOUSE, CHETHALA SOUTH-P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.K.ANAND RESPONDENT(S): /COMPLAINANT & STATE ---------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI-31. 2. S.I.OF POLICE,KUTTIPPURAM. PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1242 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2009. O R D E R This petition is filed by the petitioner with a prayer to quash the order in CMP 4023/08 and to direct the 2nd respondent to release the passport. The petitioner had surrendered the passport and he is a witness in a crime u/Ss. 463, 465, 471, 474, 476, 484 and 485 IPC and S.12(1)(B) of Indian Passport Act. It is submitted that the police had questioned him. He had secured an employment abroad and he wants release of the passport. The Court below considered the question and rejected the prayer for the reason that the passport alleged to have been obtained by him is said to be a fake passport. So the whole question revolves upon the issue whether the passport is a fake one or a original one. Releasing a passport which is alleged to be fake for a person to go abroad is not legal and therefore the Court below rightly came to a conclusion that it cannot be CRL.M.C. NO. 1242 OF 2009 -:2:- released at that stage. I do not find any ground to interfere with the order of the Court below and therefore this Crl.M.C is dismissed. M.N. KRISHNAN, JUDGE. ul/-