IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Crl.MC.No. 806 of 2011() ---------------------------------- ( CMP.413/2011 IN C.C. 86/2011 of JUDICIAL MAGISTRATE OF FIRST CLASS-II, THAMARASSERY) .................... PETITIONER(S): ACCUSED --------------------------------------- SIJO, S/O.PAULOSE, AGED 30 YEARS, CHIRANDAYATH VEEDU, POST VELAMCODE, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KODENCHERRY POLICE STATION (CRIME 7/11), KOZHIKODE DIST. R1 & R2 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.806 of 2011 --------------------------------------- Dated this 15th day of March, 2011 ORDER Petitioner is the first accused in C.C.No.86 of 2011 of the Court of learned Judicial First Class Magistrate, Thamarassery for offences punishable under Secs. 452, 341, 323 and 326 r/w Sec.34 of the Indian Penal Code. Petitioner was granted anticipatory bail by the learned Sessions Judge as per order in Crl.M.C.No.67 of 2011, one of the condition being to surrender his passport. Petitioner surrendered his passport and later made an application before the learned Magistrate for release of the passport. That petition was dismissed by the learned Magistrate observing that the petition has to be preferred before the learned Sessions Judge who imposed the condition. The said order is under challenge. I have heard learned counsel for petitioner and learned Public Prosecutor. 2. It is not disputed that condition for deposit of passport was issued by the learned Sessions Judge. Learned counsel submitted that final report is already filed and the case is taken on file as C.C.No.86 of 2011 but since the condition was imposed by the learned Sessions Judge application for release of the Crl.M.C.No.806 of 2011 -: 2 :- passport should have been preferred before the learned Sessions Judge. In that view of the matter I do not find reason to interfere with the order under challenge. But, I make it clear that petitioner can move learned Sessions Judge for appropriate relief as circumstances warranted. This petition is closed with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge