IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 Crl.MC.No. 3932 of 2010() ------------------------ CRL.MP. 2273/2010 & CRL.MP.2330/2010 OF SESSIONS COURT, KOLLAM CRIME NO. 666/2010 OF PALLITHOTTAM POLICE STATION .............................. PETITIONER / ACCUSED : ---------------------------------- M.K.NAZEER, AGED 38 YEARS, S/O.MOHAMMED KUNJU, LABBAZHIKOM PURAYIDAM, JONAKAPURAM, BEACH NORTH WARD, KOLLAM WEST VILLAGE, KOLLAM. BY ADVS. SRI.H.B.SHENOY SRI. ASHOK N. SHENOY SMT. LAKSHMI B. SHENOY SRI. ABU MATHEW SRI. SOBHAN GEORGE SRI. K.V. GEORGE RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM POLICE STATION, PALLITHOTTAM, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. B. PARMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3932 OF 2010 --------------------------------------------- Dated 20th October, 2010 O R D E R By Annexure-A1 order dated 13/9/2010, petitioner was granted bail by Sessions Judge, Kollam on conditions. First condition was that he shall surrender his passport before the Magistrate before execution of the bail bond. Second condition was that he shall not leave the jurisdiction of Judicial First Class Magistrate-II, Kollam without permission. Contending that he is not having the passport with him and instead it is with his estranged wife, petitioner filed Crl.M.P.2330/2010 to modify the first condition. By Annexure-A2 order, learned Sessions Judge dismissed the petition. Crmc 3932/10 2 This petition is filed under Section 482 of Code of Criminal Procedure to lift the condition directing him to surrender the passport. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Crime No.666/2010 of Pallithottam Police Station was registered for the offence under Section 12(1)b of Indian Passport Act and Sections 468 and 471 of Indian Penal Code. Prosecution case is that petitioner fraudulently obtained a passport in the name of Haneefa Salim by forging records and he thereby committed the offences. Petitioner would contend that he did not obtain any such passport and he is having only one passport, which is with his wife. Learned Public Crmc 3932/10 3 Prosecutor made available copy of the application submitted for obtaining the passport, which was allegedly submitted by the petitioner signed by him in another name affixing the photographs of his and his wife and based on that application passport was issued. Public Prosecutor also made available copy of the passport No.HO 696232 issued on 10/10/2008 in the name of Haneefa Salim. Question whether the said passport was in fact obtained by the petitioner, is a matter for investigation. Submission of the learned Public Prosecutor is that if petitioner leaves India, it may not be possible to investigate the case properly and therefore, the condition may be not lifted. Learned counsel appearing for the petitioner submitted that petitioner is not having Crmc 3932/10 4 another passport and he was having only one passport which is now with his wife and in view of the condition which cannot be performed, petitioner is still in custody. 4. Though bail was granted under Annexure-A1 order on 13/9/2010, as petitioner could not produce the passport as directed by learned Sessions Judge, he is still in custody. In such circumstances, first condition in Annexure-A1 could be lifted, provided petitioner undertakes that he will not leave India and co-operate with the investigation. Petition is allowed. First condition in Annexure-A1 order is lifted subject to the petitioner filing an affidavit before the learned Magistrate disclosing the number and details of the passport and unconditionally undertaking that he will not leave India and Crmc 3932/10 5 will be available for interrogation. Investigating Officer is directed to address the passport Authority to impound the passport of the petitioner, if petitioner has obtained a second passport and that too in the name of another person. Petitioner in addition shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties for the like sum to the satisfaction of the learned Magistrate and out of the sureties, one shall be close relative of the petitioner. M.SASIDHARAN NAMBIAR, JUDGE. uj.