IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4469 of 2008() ------------------------- AGAINST THE ORDER IN CMP.3106/2008 IN CMP.1270/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR CRIME NO.561/07 OF KANNUR TOWN POLICE STATION .................... PETITIONER(S): --------------- MOHAMMED NAVAS.B., S/O.ABDUL RAHIM, AGED 24 YEARS, RESIDING AT BACHIKKANTAVIDA HOUSE, CHOVVA P.O., KANNATHUMCHAL, KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): COMPLAINANT: --------------------------- 1. THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, ALONG WITH CRMC NO. 4470 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.4469 and 4470 of 2008 ------------------------------------- Dated this the 27th day of November, 2008 ORDER Petitioner faces allegations in two crimes, both of Kannur Town Police Station, registered as Crime Nos.561 and 618 of 2007. He has been enlarged on bail in both these crimes. His passport has been surrendered before the court. The petitioner had made arrangements to go abroad to seek employment. He therefore filed applications before the learned Magistrate to return the passport and to exempt him from personal appearance. The learned Magistrate has rejected the applications. In the meantime in Crime No.618 of 2007, final report has already been filed and cognizance has been taken. 2. The petitioner had planned to go abroad on a visit visa. The period of that visa has expired. He does not want to go abroad now. But he still prays that the passport may be directed to be released to him, so that he can apply for visas later. If the passport is not released to him, he will not be able to apply for visa and secure employment abroad. He now does not want to leave India and if he, in future, wants to leave India, he shall apply to the learned Magistrate for permission to leave India and also to be represented by counsel. In view of the change of Crl.M.C. Nos.4469 and 4470 of 2008 2 circumstance, the petitioner limits his claims in these Crl.M.Cs to just one relief. He prays that the passport may be released to him. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. I am satisfied that appropriate directions can be issued. 4. In the result: a) These Crl.M.Cs are allowed in part; b) There shall be a direction that the passport of the petitioner, which is available before the learned Judicial Magistrate of the First Class-II, Kannur, shall be released to him on the following terms and directions: i) He shall in such bond execute a bond for Rs.50,000/- (Rupees Fifty thousand only) undertaking to produce the passport back before the learned Magistrate as and when directed by the learned Magistrate; ii) He shall undertake not to leave India without the prior permission of the learned Magistrate; iii) Needless to say, after the petitioner secures visa to go abroad, it shall be open to the petitioner to further request the learned Magistrate to exempt him from personal appearance and for permission to go abroad; iv) A certified photocopy of the Passport shall be retained by the court. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) Crl.M.C. Nos.4469 and 4470 of 2008 3 rtr/-