IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Crl.MC.No. 791 of 2009() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1145/2008 Dated 25/02/2008 CRIM ENO.28/08 OF THE VALAPATTANAM POLICE STATION. .................... PETITIONER(S): 4TH ACCUSED: --------------------------- NOUFAL V.K., S/O.KHALID, AGED 28 YEARS, FAIZAL MANZIL, HAJI ROAD, PAPPINISSERY. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VALAPATTANAM POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 791 OF 2009 --------------------------------- Dated this the 26th day of February, 2009 O R D E R This petition is filed for a direction to the Judicial First Class Magistrate -II, Kannur to release the passport issued to the petitioner and to permit the petitioner to go abroad, to U.A.E. for a period of one year. This court while disposing a Bail Application No. 1145/08, imposed a condition that the petitioner shall surrender the passport, if any issued to him. Accordingly the petitioner had surrendered the passport. Now it is submitted by the learned counsel for the petitioner that there is an employment opportunity for him abroad and he may be permitted to leave the country for a period of one year and further in order to enable him to go to the place of employment, the passport surrendered before the court may be given back to him. It has to be remembered that cases now a days takes long time to be decided and a person just because he is an accused need not be deprived of going for an employment unless there are specific circumstances which does not permit him to go outside the Crl.M.C.No. 791/2009 -2- country. But when the investigation will be over and what will be the time that may be required etc. are all matters which the trial court may be in a position to assess. Therefore I direct the present petitioner to move an application for releasing of the passport and permission to go abroad and direct the Judicial First Class Magistrate -II, Kannur to consider it and pass appropriate orders. Such a direction is given to the Magistrate in order to enable him to proceed with the matter for the reason that the passport was ordered to be surrendered by this court. When such an application is filed, let a decision be taken within a period of two weeks on merits. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm