IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 CRL.MC.NO. 55 OF 2011() ------------------------------------ CRL. M..P. NO.3369 OF 2010 IN CRL. M.C.NO.1312 OF 2010, SESSIONS COURT KOZHIKODE IN CRIME NO.354 OF 2005 .................... PETITIONER(S): ACCUSED ---------------------------------------- ASHRAF, S/O.ALI, 27 YEARS, KUNNUMMAL HOUSE, PANICKER ROAD, KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K. J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.55 of 2011 ==================================== Dated this the 10th day of February, 2011 O R D E R Petitioner is first accused in crime No.354 of 2005 (wrongly stated in the petition as 345 of 2005) of Nadakkavu police station for offences punishable under Sections 353, 279 and 283 of the Indian Penal Code. Learned Sessions Judge granted bail to the petitioner on 14.10.2010 subject to the condition of surrender of passport and accordingly petitioner surrendered the passport. Later, petitioner filed Crl. M.P.No.3369 of 2010 before learned Sessions Judge requesting to release the passport. That application was dismissed as per Annexure-A3, order which is under challenge. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. It is revealed from the submission of learned counsel that the Visa of petitioner is valid up to the end of 2011 but according to the petitioner he has to report for duty within six months from this day. Having regard to the above facts I am inclined to think the learned Judicial First Class Magistrate (where the case is pending as C.C.No.880 of 2010) can be directed to dispose of the case within six months from this day. In case there CRL.M.C. No.55 of 2011 -: 2 :- is delay in disposal of the case it is open to the petitioner to approach learned Sessions Judge with a request for release of the passport notwithstanding Annexure-A3, order. Criminal Miscellaneous Case is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv