IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 Crl.MC.No. 3640 of 2010() ----------------------------------- CMP. 1772/2010 IN CMP. 1913/2009 IN CMC. 345/09 OF SESSIONS COURT, KOZHIKODE. .................... PETITIONER(S): ---------------------- K.K.SHAJAHAN, AGED 27 YEARS, SON OF MUHAMMED HAJI, ATHANIKKAL HOUSE, KAVUNGAL, MELPARAMBA, CHIRAYIL P.O., NEDIYIRUPPU, MALAPPURAM DISTRICT. BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DETECTIVE INSPECTOR, CB CID, SIG III, KOZHIKODE. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3640 of 2010 -------------------------- ORDER By Annexure-A2 order, Sessions Judge, Kozhikode granted bail to the petitioner on conditions. The second condition was that petitioner shall surrender his passport or file an affidavit if he is not having a passport. In compliance with the direction, petitioner surrendered his passport. Petitioner filed Annexure-A5 petition (Crl.M.P.No.1772/2010) for release of the passport contending that the period of the passport would expire and it is to be renewed and he is prepared to produce the passport as and when directed and the passport is highly necessary for his career. By Annexure-A6 order, learned Sessions Judge dismissed the petition holding that if the passport is released to the petitioner, he would go abroad and it was submitted that petitioner has to leave India to accept an employment and it cannot be permitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A6 order and to release the passport to the petitioner. CRMC 3640/10 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that the period of the passport expired on 12.07.2010. Therefore, it cannot be disputed that passport is to be renewed. In Annexure-A5 petition, petitioner sought to release the passport only for renewal and he has not sought permission to leave India or to release the passport for that purpose. In such circumstances, it was not necessary for the learned Sessions Judge to consider the same in Annexure-A6 order. Petition is allowed. On the petitioner filing an affidavit undertaking to renew the passport and produce it before the learned Magistrate immediately on getting the passport renewed, Judicial First Class Magistrate- I, Kozhikode is directed to release the passport to the petitioner. It is made clear that petitioner shall not leave India without the permission of the learned Magistrate. 30th September, 2010 (M.Sasidharan Nambiar, Judge) tkv