IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Crl.MC.No. 219 of 2010() ----------------------- AGAINST THE ORDER IN CMP.13/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONER(S): ACCUSED NO.1 -------------------------------------------- C.K.ABDU RAHIMAN, CHUNDAKKANDY PUTHIYA PURAYIL HOUSE, KAYARALAM AMSOM, KANDAKKAL DESOM, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REP.BY STATION HOUSE OFFICER, IRIKKOOR POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 219 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have the passport of the petitioner released. 2. Petitioner is the first accused in Crime No.208 of 2009 of Irikkoor Police Station. He is accused of having committed offences punishable under Sections 403, 468, 471 and 420 read with Section 34 of the Indian Penal Code. The case is registered on the basis of a complaint, which was referred for investigation to the police under Section 156(3) of the Cr.P.C.. Second accused is his wife and the third accused is a stranger. 3. The allegation against the accused is that they received amounts from the complainant promising visa for employment abroad. Though the visa was made available, it was found to be a fake one. He thus claimed that he has been cheated by the accused. Crl.M.C.219/2010. 2 4. Petitioner was arrested and he was remanded to custody. Later he was released on bail, but with conditions. One of the conditions was to surrender his passport. He has done so. Petitioner later filed C.M.P. 13 of 2010 to lift the condition to surrender the passport, since he required to renew the visa. The learned Magistrate, by order dated 4.1.2010, directed return of passport for renewal of visa. But also directed that the passport shall be surrendered soon thereafter. It is also directed to execute a bond for Rs.25,000/-. The said order is marked as Annexure- II. 5. The petitioner points out that release of the passport is essential for, he has to join his employment abroad soon. If the passport is withheld, he will loss his employment. It is also pointed out that there are provisions by which the personal appearance can be dispensed with. 6. On the available materials, it is difficult to find anything wrong in the order passed by the Magistrate. But the petitioner is permitted to file a detailed petition showing Crl.M.C.219/2010. 3 the various difficulties faced by him and undertaking that he will abide by any condition which the court will impose for release of the passport. If such a petition is filed before the court below, the court will consider the prayer, and the present order shall not stand in the way of doing so. In such a case, the court will take into consideration all the facts and pass an order. With the above observation, this petition is disposed of. P. BHAVADASAN, JUDGE sb.