IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 OP(Crl.).No. 1714 of 2011(Q) --------------------------- SC.650/2010 OF PRINCIPAL ASSISTANT SESSIONS COURT, KOLLAM .................. PETITIONER : ------------------- BIJULAL, AGED 29 YEARS, S/O UNNIKRISHNAN, KUZHIVILA VEEDU, ERAM, MEENADU VILLAGE, KOLLAM. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT : ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. MANU THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn THOMAS P. JOSEPH, J. -------------------------------------- O.P.(Crl.) No.1714 of 2011 -------------------------------------- Dated this the 27th day of May, 2011. JUDGMENT Petitioner is fourth accused in S.C.No.650 of 2010 of the court of learned Principal Assistant Sessions Judge, Kollam. He surrendered his passport before the learned Munsiff-Magistrate, Paravur while he was released on bail. It is stated that period of the passport has expired and since the passport is in the custody of learned Munsiff-Magistrate, petitioner could not get it renewed. The prayer in this petition is for a direction to the learned Magistrate to release the passport to the petitioner. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. The appropriate course open to the petitioner is to apply before learned Munsiff-Magistrate for release of the passport for renewal. It is open to the learned Munsiff-Magistrate to decide whether the passport is to be released to the petitioner for renewal or not and if any such request is made learned Munsiff-Magistrate shall consider the same and pass appropriate orders. In case learned Munsiff-Magistrate decided to release passport to the petitioner for renewal it is open to the learned Munsiff-Magistrate to direct petitioner to execute bond for appropriate amount undertaking to re-produce the passport before the learned Munsiff-Magistrate immediately after the renewal is over. It is also open to the learned Munsiff-Magistrate to direct petitioner not to leave the country OP(Crl)No.1714/2011 2 during the time passport is released to him. Learned Principal Assistant Sessions Judge, Kollam shall also make every endeavour to dispose of S.C.No.650 of 2010 pending in that court as early as possible. Petitioner shall produce a copy of this judgment before the learned Principal Assistant Sessions Judge. Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks