IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 CRL.MC.NO. 833 OF 2011() ---------------------------------------- CRL. M.P. NO.1633 OF 2010 IN C.C. NO.850 OF 2003, CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM PETITIONER(S): ----------------------- TONY THARAKAN, AGED ABOUT 41, S/O.LATE P.V.THARAKAN, PARAYIL HOUSE, 20/272 A, THYNOTHIL ROAD, ALUVA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT ------------------------------------------------- UNION OF INDIA REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, FOR CBI, HIGH COURT OF KERALA, ERNAKULAM. (RC 25/A/2002). BY ADVOCATE SHRI P. CHANDRASEKHARAN PILLAI , SC FOR CBI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 833 of 2011 ==================================== Dated this the 16th day of March, 2011 O R D E R Petitioner who is the 4th accused in C.C. No.850 of 2003 of the court of learned Chief Judicial Magistrate, Ernakulam is challenging Annexure-I, order on Crl.M.P. No.1633 of 2010. Petitioner is alleged to have committed offence punishable under Sections 420, 468, 471 and 120B of the Indian Penal Code. He was arrested from abroad with the assistance of Interpol. His Passport was impounded during the arrest. Learned counsel submitted that petitioner filed Crl.M.P. No.1633 of 2010 requesting for the issue of a no objection certificate for obtaining a fresh Passport. That application was opposed by the respondent on various grounds including that if petitioner is permitted to obtain Passport he may go abroad. Annexure-I, order refusing permission is under challenge. I have heard learned counsel for petitioner and the learned Standing Counsel for the CBI. 2. In a similar situation when learned Special Jude (SPE/CBI)-I, Ernakulam refused to permit petitioner to apply for a fresh Passport, this Court interfered in the matter and by Annexure-II, order permitted petitioner to apply for fresh Passport CRL.M.C. No. 833 of 2011 -: 2 :- subject to the condition that petitioner shall not leave the country without permission of learned Special Judge. Apprehension of respondent is that if petitioner obtains Passport he will leave the country. 3. Petitioner was arrested abroad with the aid of Interpol. As seen from Annexure-II, order this Court has already granted permission to the petitioner to apply for fresh Passport in C.C. No.5 of 2009 of the court learned Special Judge (SPE/CBI)-I, Ernakulam. There is no reason why a similar relief shall not be granted in the present case but subject to condition so that presence of petitioner in the course of trial is ensured. Resultantly, this Criminal Miscellaneous Case is allowed and Annexure-I, order is set aside. Crl. M.P. No.1633 of 2010 is allowed. Petitioner is granted permission to apply for a fresh Passport subject to all other rules and regulations and subject to the following conditions. (i) Petitioner shall not go beyond the country without previous permission in writing from the court of learned Chief Judicial Magistrate, Ernakulam. CRL.M.C. No. 833 of 2011 -: 3 :- (ii) Petitioner shall file an affidavit in the court of learned Chief Judicial Magistrate, Ernakulam within a week from this day undertaking that he will surrender the Passport issued to him in the said court within a week from the date of its receipt. (iii) Petitioner shall surrender the Passport in the court of learned Chief Judicial Magistrate, Ernakulam within a week from the date of its receipt from the Passport Office. THOMAS P. JOSEPH, JUDGE. vsv