IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Crl.MC.No. 859 of 2011() ------------------------ CMP.433/2011 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR .................... PETITIONER(S): ACCUSED ---------------------- KAMARUDHEEN.P., S/O. MUHAMMED, PUTHIYANDI HOUSE, KURUVA ROAD, THAYYIL P.O., KANNUR. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S): COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.VTEK CHAND. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN,J. ----------------------------------------------------- Crl.M.C.No. 859 of 2011 B ---------------------------------------------------- Dated this the 24th day of March,2011 O R D E R The accused in Crime No.214 of 2010 of the Kannur City Police Station is the petitioner herein and he preferred the present Criminal Revision Petition, aggrieved by the order dated 7.2.2011 in CMP No.433/2011 in the above crime by which the court of Judicial First Class Magistrate-II, Kannur, dismissed the petition preferred by the petitioner for release of his passport. 2. I have heard Sri.P.K.Ravisankar, learned counsel appearing for the revision petitioner as well as the learned Public Prosecutor. 3. The allegation against the petitioner in the above crime is that the petitioner, being the holder of an Indian Passport No.E 0614195, furnished an S.S.L.Certificate to substantiate his application for endorsement in his passport that`Emigration clearance not required (ECNR)' and on verification of the S.S.L.Certificate, it was Crl.M.C.NO.859 of 2011 :-2-: found that the same is fake. Accordingly, Annexure-A crime was registered in the Kannur City Police Station for the offences punishable under Section 417,468 and 471 of I.P.C. The investigation in the above crime is still pending. It is in the meanwhile, the petitioner approached the court below with the above petition for release of his passport. 4. The learned counsel for the petitioner submitted that there is no allegation against the petitioner that he had falsified the passport itself, but the only allegation is that the document, which he produced before the passport authority for the requisite endorsement in the passport, is a fake document. Therefore, according to the learned counsel, for the investigation purpose, the petitioner's passport need not be detained and the same can be released in favour of the petitioner. 5. On the other hand, the learned Public Prosecutor, on instructions, submitted that the investigation in the above crime is in Crl.M.C.NO.859 of 2011 :-3-: progress and if the passport is released in favour of the petitioner, he is likely to leave India, that will adversely affect the investigation. 6. I have carefully considered the arguments advanced by the counsel appearing for the petitioner as well as the learned Public Prosecutor. 7. Having regard to the facts and circumstances involved in the case, I am of the view that the interest of justice requires to release the passport of the petitioner in favour of him, of course, subject to conditions. From the submission of the learned Public Prosecutor, it appears that though the crime was registered on 30.4.2010, the same is pending and there is no remarkable progress, in spite of the fact that one year is going to expire by 30.4.2011. It cannot be said that there is any substantial progress in the investigation when comparing with the offence alleged against the revision petitioner and steps required towards the investigation. There is no allegation as on today, against the petitioner, other than the offence punishable under Sections Crl.M.C.NO.859 of 2011 :-4-: 417,468 and 471 of I.P.C., that too with respect to the production of S.S.L.C. Certificate before the passport authority. According to the Police, as per the information furnished by the de facto complainant, it is revealed that the S.S.L.C.Book produced by the petitioner is a fake one. If that be so, the said fact can be verified and ascertained through an investigation to be conducted in the concerned section and office of the Director of Public Instructions, on the basis of a photostat copy of the document alleged produced by the petitioner, for which according to me, the passport of the petitioner may not be necessary. Even if it is found that the passport of the petitioner is necessary for the investigation purpose, the same can be made available by imposing suitable conditions. Learned counsel for the petitioner, after showing me the appointment order received in favour of the petitioner, submitted that there is no meaning in retaining the passport of the petitioner and thereby the petitioner being prevented from seeking his livelihood in abroad. According to me, by incorporating appropriate Crl.M.C.NO.859 of 2011 :-5-: conditions, the petitioner's presence and availability for interrogation during the investigation, if required, can be ensured by imposing suitable conditions. In the light of the above discussion and in view of the facts stated above, I am of the view that this Crl.M.C. can be disposed of setting aside the order dated 7.2.2011 in CMP No.433 of 2011 in Crime No.214 of 2010 of the Kannur City Police Station, of the Judicial First Class Magistrate Court-II, Kannur and the passport can be directed to be released in favour of the petitioner by incorporating appropriate conditions. In the result, the order dated 7.2.2011 in CMP No.433 of 2011 in Crime No.214 of 2010 of the Kannur City Police Station of the Judicial First Class Magistrate Court-II, Kannur is set aside and the learned Magistrate is directed to see that the passport of the petitioner ie., No.E 0614195 shall be released in favour of the petitioner forthwith on his satisfying the following conditions. 1. The petitioner shall execute a bond for `.50,000/- (Rupees Fifty Thousand only) with two solvent Crl.M.C.NO.859 of 2011 :-6-: sureties each for the like amount to the satisfaction of the learned Magistrate. 2. The petitioner shall make a cash security of `.35,000/- (Rupees Thirty Five Thousand only) before the court of the Judicial First Class Magistrate-II, Kannur on the date of execution of bond in terms of the first condition. 3. On getting the visa, the petitioner shall produce photocopy of the original of the visa or the endorsement in the passport, duly certified by a competent Public Notary before the court of Judicial First Class Magistrate-II, Kannur. 4. The petitioner shall furnish his residential as well as official address in abroad to the Investigating Officer, within three months from the date of his joining in work or service. 5. The petitioner shall make himself available for interrogation in case the investigating officer requires for the same and if he has got any inconvenience for the appearance, it will be open to him to approach the court below for extension of time by making an application in absentia. Accordingly, this Crl.M.C. is allowed to the above extent. MBS/ V.K.MOHANAN,Judge. Crl.M.C.NO.859 of 2011 :-7-: Crl.M.C.NO.859 of 2011 :-8-: