IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Crl.MC.No. 780 of 2011(F) ------------------------------------ [CRL.M.P.NO.253/2011 IN CRL.M.C.NO. 1387/10 OF SESSIONS COURT, KOZHIKODE, CRIME NO.73/2009 OF ATHOLI POLICE STATION, KOZHIKODE] .................... PETITIONER/ACCUSED: ----------------------------------- RAHIM, S/O. ALIKOYA, 36 YEARS, KUTTOTH HOUSE, ATHOLI P.O. KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.780 of 2011 -------------------------------------- Dated this the 23rd day of March, 2011. ORDER Petitioner is accused in Crime No.73 of 2009 of Atholi Police Station for offences punishable under Sections 143, 147, 148, 324 and 307 read with Section 149 of the Indian Penal Code. Petitioner surrendered on 24.10.2010 and as per order dated 29.10.2010 passed by the learned Sessions Judge, Kozhikode he was granted bail on condition of his surrendering the passport. Accordingly petitioner surrendered his passport. Petitioner filed Crl.M.P.No.253 of 2011 for release of the passport. That application was dismissed as per order dated February 8, 2011 which is under challenge. Learned counsel requested that the passport may be released to him and that he is prepared to abide by any condition. Learned Public Prosecutor after getting instruction has submitted that since there is a proposal to withdraw from the prosecution, Investigating Officer has no objection in releasing the passport to the petitioner. 2. Having regard to the circumstances stated, I am inclined to allow this petition but, that has to be on condition. Resultantly this petition is allowed and Annexure-A3, order dated February 8, 2011 on Crl.M.P.No.253 of 2011 in Crl.M.C.No.1387 of 2010 of the court of learned Sessions Judge, Kozhikode is set aside. Crl.M.P.No.253 of 2011 is allowed. Learned Judicial First Class Magistrate –II, Perambra is directed to Crl.MC No.780/2011 2 release passport of petitioner on his executing a bond for `.50,000/- (Rupees Fifty thousand only) with two sureties for the like sum each to the satisfaction of the learned Magistrate undertaking to appear in the court and produce the passport as and when required. Petitioner shall also file an affidavit in the trial court mentioning the name, address and contact telephone number of the counsel who would represent him in that court. He shall also, within two weeks of his reaching the destination inform his address and contact number to his Advocate and the Investigating Officer. THOMAS P.JOSEPH, Judge. cks