IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Crl.MC.No. 1029 of 2011() ------------------------- CRMC.NO.1485/2009 OF SESSIONS COURT, KOZHIKODE CC.7/2010 of JUDL.MAGISTRATE OF FIRST CLASS, PERAMBRA .................... PETITIONER(S): PETITIONER/ACCUSED: ------------------------------------------------------------ HILALUDHEEN @ BILALUDHEEN, S/O.ABOOBACKER, VENNAKOTTUKUZHIYIL HOUSE, ALINTHARA, OMASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): RESPONDENT/STATE: ------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ATHOLI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1029 of 2011 --------------------------------------- Dated this 01st day of April, 2011 ORDER Petitioner is accused in C.C.No.7 of 2010 of the Court of learned Judicial First Class Magistrate, Perambra and Crime No.228 of 2009 of Atholi Police Station for offence punishable under Sec. 353 of the Indian Penal Code. When petitioner was granted bail, he was asked to surrender his passport and not to leave the local limits of the Atholi Police Station. I am told that the latter condition was lifted. Petitioner wants the passport to be released to him to get the Visa stamped on it from the Indian Embassy at UAE. Hence this petition under 439(1)(b) of the Code of Criminal Procedure to set aside the order modifying the condition. Learned counsel submits that trial is towards the fag end and that petitioner is prepared to undertake that he will not go beyond the country before the case is disposed of. He is also prepared to produce the passport before Court after it is got back from the Embassy in case by the time passport is received the case is not disposed of. I have head learned Public Prosecutor also. Having regard to the circumstances stated by learned counsel for petitioner I am inclined to allow the petition. Crl.M.C.No.1029 of 2011 -: 2 :- Resultantly this criminal miscellaneous case is allowed in the following lines: Learned Judicial First Class Magistrate, Perambra is directed to return the passport surrendered in C.C.No.7 of 2010 (Crime No.228 of 2009 of Atholi Police Station) to the petitioner subject to the following condition : Petitioner shall execute a bond for `.1,50,000/- (Rupees One Lakh Fifty Thousand Only) with two sureties for the likesum each undertaking that he will not leave country until disposal of the case and that if before disposal of the case the passport is got back from the Embassy, he shall surrender the same before the learned Magistrate and that petitioner shall comply with other conditions imposed on him by the learned Magistrate. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge