IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Crl.MC.No. 698 of 2010(D) ------------------------------------ (ORDER DTD.17/11/2009 OF THE SESSIONS COURT, MANJERI IN CRL.M.C. NO. 1054/2009) .................... PETITIONER: ------------------- NISHANTH VARGHESE @ KOCHU, AGED 30 YEARS, S/O.VARGHESE, SUNI NIVAS, PANAMBRA, THENHIPPALAM AMSOM DESOM, MALAPPURAM DISTRICT. BY ADVS. MR.M.T.BALAN, MR.P.RADHAKRISHNAN (CALICUT), MR.B.JAYABAL. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THENIPALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 698 OF 2010 =========================== Dated this the 19th day of March,2010 ORDER Petitioner is the accused in Crime No.361/2009 now pending, as C.C.1481/2009, on the file of Judicial First Class Magistrate's Court, Parappanangadi taken cognizance for the offences under sections 353 and 294(b) of Indian Penal Code. By Annexure I order, learned Sessions Judge, Manjeri granted anticipatory bail to the petitioner at the investigation stage, on conditions. One of the conditions was that petitioner shall surrender his passport before the Magistrate. Petitioner surrendered his passport. This petition is filed under section 482 of the Code of Criminal Procedure to direct the learned Magistrate to release the passport on conditions. 2. Learned counsel appearing for the Crl.M.C.698/2010 2 petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that petitioner is an instructor in Gymnastic and has to visit foreign countries occasionally and unless the passport is released, he cannot go abroad and he is prepared to abide by any condition and on his account the trial will not be protracted and therefore the passport be released. I find no justifiable reason not to release the passport as prayed for. 4. Petition is allowed. Judicial First Class Magistrate, Parappanangadi is directed to release the passport to the petitioner, on his executing a bond for Rs.30,000/- with two solvent sureties for the like sum to the satisfaction of the learned Magistrate undertaking that petitioner will appear before the Magistrate as and when required and that on his account the trial of the case will not be delayed. Crl.M.C.698/2010 3 Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006