IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 Crl.MC.No. 2930 of 2010() ------------------------------------ CRMP.1726/2010 of SESSIONS COURT, KOZHIKOE .................... PETITIONER(S): ----------------------- KUBASH K.M., S/O.UMMER, AGED 25 YEARS, KACHERIMADATHIL HOUSE, BEACH ROAD, VADAKARA. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): --------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2930 OF 2010 -------------------------------------- Dated this the 13th day of August, 2010 ORDER Heard both sides. 2. Petitioner, who is the 7th accused in Crime No.1212/2008 of Vadakara Police Station for offences punishable under Sections 323, 506(ii), 395 and 363 read with 34 IPC, challenges Annexure-II order dated 7.7.2010 in CMP No.1726/2010 as per which the petitioner's request for deletion of bail condition No.5 directing him to surrender his passport was disallowed. Since the petitioner is intending to secure employment abroad and also since there is no chance of the present case ripening into a sessions case before the Court of Sessions and coming up for trial in the near future, I am inclined to order return of the passport of the petitioner for a period of one year. Accordingly, the passport of the petitioner shall be returned by the Magistrate concerned for a period of one year on his executing a bond for such amount as Crl.M.C. No. 2930 OF 2010 : 2 : the Magistrate may deem fit and on undertaking to return the same on or before the expiry of one year. The petitioner is also given permission to go abroad for a period of one year in terms of Ashok Kumar v. Sate of Kerala 2009 (2) KLT (712). Annexure-II order will stand set aside. V.RAMKUMAR, JUDGE dmb