IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Crl.MC.No. 534 of 2008() ------------------------ CMP.206/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER/PETITIONER/2nd ACCUSED: -------------------------------------------- K. JANARDHANAN NAIR, AGED 56 YEARS, S/O. LATE KESAVAN NAIR RESIDING AT THILAK, SASTHAMANGALAM, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS/STATE & COMPLAINANT: -------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, CBCID, THIRUVANANTHAPURAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.02.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 534 of 2008 ========================== Dated this the 5th day of February, 2008. O R D E R The petitioner, who is the 2nd accused in crime No. 250/2003 of CBCID (Crime No. 403/2003 of Fort Police Station) filed C.M.P. No. 206/2008 before the Judicial First Class Magistrate-II, Thiruvananthapuram for a direction to return his passport so as to enable him to go to Abu Dhabi during the period from 13.02.2008 to 24.02.2008 to attend the surgical operation of his son Govind. The petition was dismissed as per Annexure-II order dated 31.01.2008 mainly for the reason that no document was produced to show that the petitioner's son requires the presence of the petitioner for the alleged operation and that the case against the petitioner is of a serious nature involving the misappropriation of sum of Rs.77,00,000/- by the petitioner who is the manager under suspension of the Thiruvananthapuram Co-Operative Urban Bank Limited. 2. It is submitted that the petitioner has not attained the age of superannuation and that he is prepared to make a cash CRL. M.C. NO. 534/2008 : 2: deposit to vouch for the due compliance of the request made by him. 3. Annexure-II order is set aside and the petitioner is permitted to go to Abu Dhabi for the period from 13.02.2008 to 24.02.2008 on condition that he deposits a sum of Rs.1,00,000/- (Rupees one lakh only) before the court below and also executes a bond for Rs.15 lakhs with two solvent sureties each for the like amount to the satisfaction of the trial court undertaking to produce the passport before the court below on or before 28.02.2008. The investigating Officer shall directly or through the Magistrate's court release the passport to the petitioner. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 534/2008 : 3: