IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.MC.No. 2397 of 2008() ------------------------- AGAINST THE ORDER DATED 21/06/2008 IN CRMP 1638/2008 IN SC.276/2008 of SESSIONS COURT, KOZHIKODE CRIME NO.359/04 OF PERAMBRA POLICE STATION .................... PETITIONER: ACCUSED; -------------------- SHAMEER, AGED 23 YEARS, S/O.MOIDU, RESIDING AT KANNANKANDY HOUSE, MENHANIAM, PERAMBRA, KOYILANDY TALUK. BY ADV. SRI.K.A.JALEEL SRI.PMA.KALAM RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA (REPRESENTED BY SUB INSPECTOR OF POLICE, PERAMBRA POLICE STATION- CR.359/2004 OF PERAMBRA POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2397 of 2008 ------------------------------------- Dated this the 27th day of June, 2008 ORDER Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 308 r/w 149 I.P.C. Crime was registered in the year 2004. Final report has already been filed. Committal proceedings has been registered. The matter is now pending before the Sessions Court as S.C.No.276 of 2008. The petitioner was not available for trial earlier. Case against him was hence transferred to the list of Long Pending Cases. He surrendered later and he was enlarged on bail subject to conditions. One of the conditions is that the passport of the petitioner must be surrendered. Accordingly he has surrendered his passport. The case is not listed for trial so far. 2. The petitioner has now come before this Court with a prayer that the passport surrendered by him may be released to him to facilitate his journey to Doha and return within a period of one month to enable him to renew his visa. For this purpose, the passport may be released to him, it is prayed. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor after taking instructions does not Crl.M.C. No.2397 of 2008 2 oppose the application. The learned Public Prosecutor only submits that appropriate conditions may be imposed to ensure that the petitioner surrenders his passport after accomplishing the purpose within a period of one month. 4. I am satisfied that the request of the petitioner can be accepted. 5. In the result: i) This Crl.M.C is allowed ; ii) The impugned order is set aside; iii) The passport surrendered by the petitioner shall be released to the petitioner on the following terms and conditions: a) He shall execute a bond for Rs.1 lakh with two solvent sureties undertaking to produce the passport before the learned Sessions Judge within a period of one month from the date on which he takes the passport from the court below; b) The petitioner shall furnish to the learned Sessions Judge the address of his counsel to whom notices can be issued during his absence from India during the said period of one month. Hand over a copy of this order to the learned counsel for the petitioner today itself. (R.BASANT, JUDGE) rtr/-