IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Crl.MC.No. 1668 of 2010() ---------------------- CRL.M.C. NO. 331 OF 2010 ON THE FILE OF THE SESSIONS COURT, KOZHIKODE IN CRIME NO. 136/2010 OF NADAPURAM POLICE STATION PETITIONER(S): ACCUSED ---------------------- 1. HARIS, AGED 21 YEARS, S/O. MOIDU, RESIDING AT ALOLLACHIL HOUSE, CHEKKIAL AMSOM DESOM, VADAKARA TALUK. 2. ASLAM, AGED 20 YEARS, S/O. AHAMMED, RESIDING AT MAMUNDERI HOUSE, CHEKKIAL AMSOM DESOM, VADAKARA TALUK. 3. NISSAR, AGED 26 YEARS, S/O. MUHAMMED, RESIDING AT MAMUNDERI HOUSE, CHEKKIAL AMSOM DESOM, VADAKARA TALUK. BY ADV. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.I OF POLICE, NADAPURAM POLICE STATION, 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 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ........................................ Crl.M.C. No.1668 of 2010 ...................................... 18-5-2010 ORDER Petitioners who are accused Nos. 2, 3 and 4 in Crime No. 136 of 2010 of Nadapuram Police Station for offences punishable under Sections 143, 147, 148 and 307 read with Sec. 149 I.P.C. seek to quash 2nd and 3rd conditions imposed by the Sessions Court, Kozhikode while granting bail to the petitioners and others as per order dated 12-3- 2010 in Crl.M.C. No. 331 of 2010. The petitioners would have it that they have secured a job abroad and if condition No. 2 obliging them to report before the Investigating Officer on all days is insisted upon, they will loose their life time opportunity to get a job. Condition No. 3 directing the petitioners to surrender their passport is illegal since it is for the passport authority to impound the passport and court has no jurisdiction to impound the Crl.M.C. No.1668 of 2010 -:2:- passport. Similar petitions filed by accused Nos. 1 and 5 as Crl.M.C. Nos. 1619 and 965 of 2010 were allowed by this Court. Hence, this petition. 2. Essentially, it is the Sessions Court which granted bail to the petitioners which is the court which the petitioners should approach for lifting, modifying or deleting any of the bail conditions. Hence, this M.C. is dismissed without prejudice to the right of the petitioners to move the Sessions Court for appropriate reliefs in the form of either modifying, lifting or deleting any of the bail conditions. Dated this the 18th day of May, 2010. Sd/-V. RAMKUMAR, JUDGE. /true copy/ P.S. to Judge Crl.M.C. No.1668 of 2010 -:3:-