IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Crl.MC.No. 5029 of 2008() ------------------------- SC.35/2006 of ADDL. SESSIONS COURT (ADHOC), KOZHIKODE .................... PETITIONER(S): ------------------------- C.P.ABDUL NAZAR, S/O.KHADIRIKUTTY HAJI, CHERUVATTAPPOYIL HOUSE, MADATHUMPOYIL, UNNIKULAM AMSOM, PUNOOR DESOM, KOZHIKODE. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH RESPONDENT(S): --------------------------- THE DEPUTY SUPDT. OF POLICE, C.B.C.I.D., REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.5029 of 2008 ------------------------------------- Dated this the 6th day of January, 2009 ORDER Petitioner, who faces indictment in a prosecution for offences punishable, inter alia, under Section 489 B & C I.P.C, who was absconding for a long period of time and who was later granted bail subject to the condition that he must surrender his passport, prays that his passport may now be released to him to enable him to proceed to his place of employment abroad for the purpose of renewal of visa. The application is opposed by the learned Public Prosecutor, who submits that the trial has already commenced on 05.01.09 and that deletion of the condition now would virtually make the petitioner unavailable for trial. 2. I find merit in the opposition by the learned Public Prosecutor. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that as soon as trial is over, the petitioner shall be entitled to apply for release of his passport. (R.BASANT, JUDGE) rtr/-