IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Crl.MC.No. 2649 of 2008 --------------------------------- MC.28/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR. .................... PETITIONER: ------------------- V.V.FAISAL BABU ,AGED 30 YEARS, S/O. IBRAHIM, VADAKKATHU VALAPPIL HOUSE, KADENCHERI VILLAGE, PONNANI TALUK. BY ADV. SRI.C.KHALID, SRI.R.O.MUHAMED SHEMEEM, SRI.T.P.SAJID. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECOTR OF POLICE, CB-CID KOZHIKODE. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2649 of 2008 ---------------------------------------- Dated this the 16th day of July 2008 O R D E R The petitioner is aggrieved by Annexure 3 order passed by the learned Magistrate under Section 446 Cr.P.C obliging the petitioner to pay an amount of Rs.30,000/- as penalty for forfeiture of the bond executed by him. 2. Anticipatory bail was granted and the passport was surrendered in pursuance of an order passed by the learned Sessions Judge. Subsequently the petitioner came to this court with the prayer that the passport may be directed to be released to him. This court, as per order dated 18/8/2007 in Crl.M.C.No.2423/2007 (Annexure A1) directed that the passport can be released to the petitioner subject to appropriate conditions. The petitioner was directed to surrender the passport back within a period of six months of his leaving India. The petitioner did not/could not surrender the passport in time. He must have surrendered the passport before the learned Magistrate on or before 24/2/2008. The petitioner came to this court with Crl.M.A.No.999/2008 in Crl.M.C.No.2423/2007 Crl.M.C.No.2649/08 2 praying for extension of time well before that date. By order dated 12/3/2008 extension of time was granted till 15/4/2008. The petitioner surrendered the passport on 15/4/2008. But before that the impugned order under Section 446 Cr.P.C was passed on 07/03/2008. His plea for review was dismissed. The petitioner, in these circumstances, has come to this court to plead that the order passed under Section 446 Cr.P.C deserves to be quashed without obliging the petitioner to resort to the ordinary procedure of preferring an appeal under Section 449 Cr.P.C. 3. In the facts and circumstances of this case, I find the prayer of the petitioner to be absolutely justified. I am satisfied that it would be unjust to compel the petitioner to resort to the ordinary procedure of preferring an appeal under Section 449 Cr.P.C. The learned Magistrate passed the order not cognizant of the fact that Crl.M.A.No.999/2008 had been filed by the petitioner well ahead of time for extension of time and this court by later order dated 12/3/2008 had granted the said prayer for extension. 4. I am satisfied in the facts and circumstances of this case that the extraordinary inherent powers under Section 482 Crl.M.C.No.2649/08 3 Cr.P.C can safely be invoked to quash Annexure 3 order passed by the learned Magistrate. 5. In the result, a) This Crl.M.C is allowed. b) The impugned order dated 7/3/2008 in M.C.No.28/08 passed by the learned J.F.M.C, Tirur is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.2649/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008