IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Crl.MC.No. 438 of 2009() ------------------------ CC.25/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... PETITIONER(S): --------------- P.ABDUL JABBAR, AGED 27 YEARS S/O.HASSAN, CHOLAKKAL HOUSE, KUTTIYUR, KOORIYAD PO, MALAPPURAM. BY ADV. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB RESPONDENT(S): --------------- STATE OF KERALA, REP. BY MEDICAL COLLEGE POLICE STATION,CRIME NO.335 OF 07 04/09/2007 KOZHIKODE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 438 of 2009 ------------------------------------------------- Dated this the 29th day of January, 2009 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.353 read with Sec.149 IPC. The petitioner was granted bail as per the order of the learned Sessions Judge. The learned Sessions Judge has imposed a condition that the petitioner must surrender his passport. Accordingly, the passport has been surrendered before the learned Magistrate. The petitioner now wants the passport to be released to him to enable him to go abroad. The petitioner has not moved the learned Sessions Judge. Instead, it is alleged that he had moved the learned Magistrate. The learned Magistrate has not passed any orders. It is with that grievance the petitioner has come before this Court. 2. The condition was imposed by the learned Sessions Crl.M.C. No. 438 of 2009 -: 2 :- Judge and in fairness and in the fitness of things, the application to delete that condition must have been filed before the learned Sessions Judge. It is submitted that the post of the Principal Sessions Judge, Kozhikode, is vacant and it is hence that the petitioner had to file a petition for release of the passport before the learned Magistrate first and this petition later before this Court. It is for the petitioner to file an appropriate application to delete the condition imposed by the learned Sessions Judge before the Sessions Court. Needless to say, whichsoever Court/Judge is holding charge of the Principal Sessions Judge such Judge will have to pass appropriate orders on merits, in accordance with law and expeditiously on such application. I am not satisfied that any other direction need be issued in this Crl.M.C. 3. This Crl.M.C. is accordingly dismissed with the above specific observation. 5. Hand over a copy of this order to the learned counsel for the petitioner for production before the Sessions Court when an application is filed for deletion of the condition. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 438 of 2009 -: 3 :-