IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Crl.MC.No. 1097 of 2010() ------------------------- CMP.1789/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): PETITIONER: -------------------------------------------- MAJEED, S/O.MOHAMMED KUTTY, CHEKKINTEPURAKKAL HOUSE, MANGALAM AMSOM, KUTTAI DESOM, POST KUTTAI, MALAPPURAM DISTRICT. BY ADV. MR.C.M.MOHAMMED IQUABAL RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSEUCTOR, HIGH COURT OF KERALA,ERNAKULAM BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1097 of 2010 -------------------------- ORDER Petitioner, the accused in Crime No.209/2010 of Tirur Police Station, was granted bail on conditions. In compliance with the conditions, petitioner surrendered his passport. Petitioner thereafter filed C.M.P.No.1789/2010 before Judicial First Class Magistrate's Court, Tirur for release of his passport. By Annexure-1 order, learned Magistrate dismissed the petition. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-1 order and for a direction to release the passport. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-1 order shows that learned Magistrate dismissed the petition, for the reason that if petitioner is permitted to go abroad at this stage, it will enable him to abscond from the proceedings, observing that after submission of the final report, he can apply for release of the passport. Annexure-1 order does not show for what purpose petitioner is to be CRMC 1097/10 2 retained, as the offences involved are only under Sections 452, 427 and 294(b) read with Section 34 of Indian Penal Code. If interrogation of the petitioner is necessary for the purpose of investigation, learned Magistrate could have directed the petitioner to appear before the Investigating Officer and complete the interrogation and thereafter release the passport on sufficient conditions. What is to be assured is the presence of the petitioner for trial, in case final report is submitted against him. 4. In such circumstances, Annexure-1 order is quashed. Judicial First Class Magistrate, Tirur is directed to reconsider C.M.P.No.1789/2010 and release the passport to the petitioner, if his presence is not continuously necessary in India for the purpose of investigation, after imposing sufficient conditions, to ensure his presence for the purpose of trial, if warranted. Learned Magistrate to pass orders within two weeks from the date of receipt of a copy of this order. Petition is disposed. 6th April, 2010 (M.Sasidharan Nambiar, Judge) tkv