IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Crl.MC.No. 1761 of 2008() ------------------------- CMP.782/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER: PETITIONER/IST ACCUSED ---------------------------------- IBRAHIM AHAMED, S/O.IBRAHIM, KASTHOORIMAAGE, HIRILLANDHOO, REPUBLIC OF MALDIVES, NOW RESIDING AT 34, SHANGUMUGHAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: COUNTER PETITIONER/STATE ------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1761 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of May, 2008 JUDGMENT This Crl.M.C. is filed by the petitioner aggrieved by the order passed by the learned Magistrate under Section 457 Cr.P.C. He faces allegations under the Child Marriage Restraint Act. He is a Mali citizen. His passport has been produced before the Court. 2. According to the petitioner's counsel the petitioner is innocent. The direction that the passport be detained in the court is causing great hardship and prejudice to the petitioner. Subject to appropriate conditions the passport may be released to the petitioner. The petitioner shall appear before Court as and when directed. In any view of the matter, release of the passport may be directed. The counsel offers to furnish sufficient security to safeguard the interests of the prosecution. 3. The learned Prosecutor does not oppose the application. Having considered all the relevant circumstances I am satisfied Crl.M.C.No. 1761 of 2008 2 that the passport can be released to the petitioner, subject to appropriate terms and conditions. 4. This Crl.M.C. is allowed. The following directions are issued. (i) The passport of the petitioner shall be released to the petitioner on condition that he makes a cash deposit of Rs. 1 lakh. (ii) He shall execute a bond undertaking to produce the passport before the learned Magistrate within a period of four months from the date on which it is released to him. (iii) The petitioner shall specify before the learned Magistrate the name of a counsel or any other local person to whom notice must be given to convey any direction of the court from time to time within that period of four months. (R. BASANT) Judge tm