IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.MC.No. 1953 of 2008() ------------------------- CMP.2583/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA .................... PETITIONER: ACCUSED ------------------- ERIC ANTONY PARKER, AGED 66 YEARS EL NIVAS, NEAR THERIVILA TEMPLE, AVADUTHURA VIZHINJAM P.O.,THIRUVANANTHAPURAM (FROM WVIZ 5 P6) WEST MIDLANDS, SHORT HEATH WILLENHALL BLOXWICH ROAD NORTH, ENGLAND) BY ADV. SRI.M.SREEKUMAR RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1953 of 2008 ---------------------------------------- Dated this the 28th day of May 2008 O R D E R The petitioner faces allegations in a crime registered alleging offences punishable under the Kerala Abkari Act. The petitioner was arrested on 16/12/2007. He was enlarged on bail as per order dated 7/1/2008 passed by this court in B.A.No.49/08. He was directed to execute a bond of Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. It is reported that the petitioner has already been enlarged on bail and that his sureties to prove their solvency have already deposited an amount of Rs.1,00,000/- each. 2. Investigation is not complete. It is still going on. The learned Public Prosecutor submits that some further time will be required to complete the investigation. 3. It is submitted that the petitioner's passport was seized when he was arrested and the same is now available with the learned Magistrate, the police having produced the same before the learned Magistrate. The petitioner, a foreign national wants to travel to England, his native country and he therefore files an application under Section 457 Cr.P.C to direct release of Crl.M.C.No.1953/08 2 the passport. That application was opposed and the same was dismissed by the learned Magistrate as per Annexure I order. The petitioner challenges Annexure I order in this Criminal Miscellaneous Case. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection in the passport being released to the petitioner subject to appropriate terms and conditions. In addition to the conditions imposed at the time of grant of bail, further conditions may be imposed, it is prayed. 5. I accept the submissions of the learned counsel for the petitioner that an amount of Rs.2,00,000/- (Rs.1,00,000/- each) deposited by his two sureties (Rs.1,00,000/- each) is available before the court to secure the presence of the petitioner. Subject to appropriate further conditions I am satisfied that the passport can be released to the petitioner. i) This Crl.M.C is in these circumstances allowed. ii) The impugned order is set aside. iii) It is directed that the passport of the petitioner seized by the police now available in the custody of the learned Magistrate shall be released to the petitioner on the following terms and conditions. Crl.M.C.No.1953/08 3 a) The learned Magistrate shall confirm that the sureties of the petitioner have already deposited an amount of Rs.1,00,000/- (Rupees one lakh only) each in court to satisfy the court about their solvency. Such amount shall not be released to the respective sureties until the petitioner appears again before the learned Magistrate and surrenders his passport. b) The petitioner shall execute a bond for Rs.1,00,000/-(Rupees one lakh only) and shall produce an amount of Rs.1,00,000/- (Rupees one lakh only) as security for the said bond. In that bond, the petitioner shall undertake that he shall produce the passport before the learned Magistrate within a period of six months from the date on which it is released to him. He shall further undertake that he shall appear before the learned Magistrate and produce the passport within a period of two months from the date on which notice is given to his counsel. c) The petitioner shall in such bond specify the name of the Advocate to whom notice must be given by the court to secure the presence of the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.1953/08 4 Crl.M.C.No.1953/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007