IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Crl.MC.No. 1922 of 2008() ------------------------- CP.128/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, ATTINGAL .................... PETITIONER: ------------ ABDUL SALAM @ ATHU AGED 37 S/O. SAMUDHEEN, KUNNATH VEEDU CHITTATTINKARA DESOM, VIZHUVILAM VILLAGE. BY ADV. SRI.K.RAVIKUMAR SRI.R.ANIL RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1922 of 2008 ---------------------------------------- Dated this the 10th day of June 2008 O R D E R This petition is filed by the petitioner for release of his passport which is seized by the police and produced before the learned Magistrate. 2. There is no representation for the petitioner. The application is stoutly opposed by the learned Public Prosecutor. The petitioner faces indictment in a prosecution under Section 302 I.P.C. The alleged incident took place in October 1993. In December 1993 the petitioner left for Soudi Arabia, it is submitted. Crime Branch took over the investigation in February 1994. In 1997, brother and sister of the petitioner were arrested. Petitioner was arrayed as an accused. Final report was filed in 2000 showing the petitioner as an absconding accused. The petitioner did not appear thereafter. Petitioner's brother stood trial and was acquitted. Petitioner was apprehended long later in 2007. Petitioner was enlarged on bail on 22/1/2008. The petitioner now prays that his passport may be released to him. Crl.M.C.No.1922/0/ 2 3. The learned Public Prosecutor submits that in the facts and circumstances of this case narrated above, the petitioner is not entitled to get release the passport in his favour. The learned Public Prosecutor submits that there are several other circumstances also which should persuade this court not to release the passport to him. I am satisfied, in the facts and circumstances of this case that the passport cannot be released to the petitioner now. 4. This Crl.M.C is accordingly dismissed. The trial has not commenced. The petitioner's application for release of the passport can be made again after the trial is complete. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.1922/0/ 3 Crl.M.C.No.1922/0/ 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007