IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Crl.MC.No. 1684 of 2009() -------------------------------------- CMP NO.1464/09N IN C.P.6/09 IN (CRIME NO.45/05) DTD.11/5/2009 OF SESSIONS COURT, KOZHIKODE. .............. PETITIONER(S): ACCUSED: ------------------------------------------- MUHAMMED ALI,AGED 26 YEARS, S/O.ABDULLA HAJI,CHOONDAYIL HOUSE,THOONERI AMSOM, MUDAVANTHERI DESOM,VADAKARA TALUK. BY ADVS. MR.PULIKKOOL ABUBACKER, MR. SUBAIR PULIKOOL. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. KAMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1684 OF 2009 ------------------------------------------ Dated 29th May 2009 O R D E R Petitioner is accused in C.P.6/2009 on the file of Judicial First Class Magistrate court, Nadapuram. The case was taken cognizance on a final report filed by Nadapuram police for the offences under Sections 143, 147, 148, 447 and 427 read with 149 of Indian Penal Code and Sections 3 and 5 of Explosive Substances Act. As the petitioner was absconding, case as against other accused were committed and the case against petitioner was split up. Case as against other accused is now being tried by Assistant Sessions Judge, Vatakara in S.C.627/2007. After petitioner surrendered and applied for bail, bail was granted. Petitioner surrendered his passport in compliance of the condition in the bail order to assure presence of the petitioner at the time of trial. Petitioner filed C.M.P.1464/2009 before Sessions court, Kozhikode for a direction to the Magistrate to release the passport which was CRMC 1684/2009 2 dismissed under Annexure-1 order. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to release the passport contending that retention of the passport is in violation of Section 10 (3) of Passport Act as held in Pushpal Swarnkar v. State of Chhattisgarh (2009 Crl.LJ 1062). Learned counsel appearing for petitioner submitted that C.P.6/2009 subsequently was committed to Sessions court and it is now pending before sessions court. 2. On hearing the learned counsel and learned Public Prosecutor, I do not find it necessary to issue a direction as sought for. If the passport is to be released to the petitioner at this stage, he would leave India and will not available for trial. It is for that very reason, as a condition by granting bail, petitioner was directed to surrender his passport. Surrender of passport by the petitioner himself to avail bail cannot be said to be impounding of the passport. Therefore on that ground it cannot be said that passport is to be released. Assistant Sessions Judge, Vatakara informed that CW1 in the case was examined and other witnesses were absent and warrant was issued for their examination and it stands posted to 30/5/2009. As it is pointed out CRMC 1684/2009 3 that C.P.6/2009 is already committed to the Sessions court, interest of justice will be met, if a direction is given to Sessions Judge, Kozhikode to immediately make over the sessions case taken cognizance on committal of the case as against the petitioner in C.P.6/2009, to the same Assistant Sessions Judge where S.C.627/2007 is pending. Learned Assistant Sessions Judge is directed to club that sessions case also with S.C.627/2007 try together CW1 could be recalled and examined in the presence of the petitioner. Learned Assistant Sessions Judge is directed to dispose the case without delay. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.