IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Crl.MC.No. 2220 of 2010() ------------------------- (CRIME NO.69/2010 OF KOVALAM POLICE STATION) CC.338/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... PETITIONER: PETITIONER ------------------------- MORGAN LYNN DENISE, AGED 49 YEARS, D/O.MORGAN, 'ANJENGO', AVADUTHURA, VIZHINJAM, THIRUVANANTHAPURAM HAVING PERMANENT ADDRESS AT NO.1, BOLTON ROAD, LONDON, NW 10 N4 BG (MISTAKENLY TYPED AS LYNN MORGAN IN THE IMPUGNED ORDER.) BY ADV. SRI.D.KISHORE RESPONDENTS: RESPONDENT/STATE & DEFACTO COMPLAINANT ----------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOVALAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.KAMMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2220 of 2010 -------------------------------------- Dated this the 22nd day of June, 2010 ORDER Petitioner a foreign national and who is the sole accused in Crime No.69/2010 of Kovalam Police Station and now pending before the Judicial Magistrate of the First Class Court-III, Neyyattinkara as C.C.No.338/2010 for offences punishable under Sections 7 & 14 (b) of the Foreigners Act, 1946 challenges Annexure-III order dated 27/5/2010 passed by the Magistrate rejecting her application (Annexure II) for interim custody of the passport which was seized and produced before the court. 2. Having regard to the facts and circumstances of the case, I do not consider it advisable to release the passport of the petitioner before the trial of the case, even if the reason given by the learned Magistrate for dismissing Annexure-II application is unsustainable. 3. The learned Magistrate has already taken cognizance of the offence on the basis of the police report and has registered the case as C.C.No.338/2010. I am inclined to permit the petitioner to plead for a discharge in absentia by Crl.M.C.No.2220/2010 : 2 : filing a petition through her counsel. In case the petitioner files an application for discharge within ten days from today the same shall be considered and disposed of within one week of filing of the said petition. In case, the learned Magistrate does not discharge the petitioner and proceeds to frame charge against her, the learned Magistrate shall take up the case for trial expeditiously and complete the same within two months of framing charge. 4. If a question of identity doesn't arise, the petitioner may file a petition incorporating appropriate averments seeking personal exemption during the trial of the case and I am sure that the learned Magistrate shall allow the petition in the event of the case going for trial. This Criminal M.C. is disposed of accordingly. V.RAMKUMAR, JUDGE skj