IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Crl.MC.No. 2677 of 2009() ----------------------------------- CRL.MP.2224/2009 IN CRMC.677/2006 OF SESSIONS COURT, THALASSERY. .................... PETITIONER/ACCUSED: ---------------------------------- DR.P.SUBAIR ,S/O.MUHAMMED AGED 66 YEARS, SHIFA CLINIC & NURSING HOME TALIPARAMBA, RESIDING AT SHIFA MANZIL, MANNA, TALIPARAMBA. BY ADV. MR.MATHEW KURIAKOSE RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA (CRIME NO.225/98 OF CBCID, KANNUR) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2677 of 2009 -------------------------- ORDER Petitioner is the 13th accused in Crime No. 225/1998 of CBCID, Kannur. Case as against accused 3, 10 and 12 to 14 (altogether six accused) were committed to the Sessions Court and taken on file as S.C.No.129/2009. Petitioner was enlarged on bail. As a condition for bail, petitioner surrendered his passport. He filed Crl.M.P.No. 2224/2009 for releasing the passport contending that he has to go to Saudi Arabia to perform Umra. Under Anenxure-A order, learned Sessions Judge dismissed the application. This petition is filed under Section 482 of Code of Criminal Procedure to quash Anenxure-A order and to release the passport. Petitioner would contend that as he has to go to Saudi Arabia to perform Umra and Haj, he will leave India on 1.9.2009 and will return on 31.1.2010. CRMC 2677/09 2 2. When Registry was directed to ascertain the stage, it is reported that after taking the case on file, it was posted to 22.7.2009 and now it stands posted to 15.10.2009. It is clear that trial of the case will not be over before January 2010, even if it is directed that trial be completed at the earliest. In such circumstances, on sufficient conditions the passport could be released to the petitioner. 3. If petitioner files an affidavit before Sessions Court undertaking to leave India on 1.9.2009 and will return back to India before February 2010, Sessions Judge to release the passport to the petitioner without delay with a direction to surrender the passport on 1.2.2010. Petition is disposed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv