IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 Crl.MC.No. 436 of 2011() ------------------------ CMP.486/2011 of JUDL.FIRST CLASS MAGISTRATE COURT, NADAPURAM .................... (CRIME NO.410/2009 OF NADAPURAM POLICE STATION, KOZHIKODE) PETITIONER(S): ACCUSED NO.5: ------------------------------------------------- VELLATH HARIF, AGED 29 YEARS, S/O.POKER, KUNIYIL HOUSE, PEROD, THUNERI AMSOM DESOM, VATAKARA TALUK, KOZHIKODE. BY ADVS. SRI.A.RANJITH NARAYANAN, SRI.S.K.SAJU. RESPONDENT(S): ---------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, NADAPURAM POLICE STATION. BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2011 ALONG WITH CRMC.NO.438OF 2011 AND CRMC.NO. 442 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. Nos.436, 438 and 442 of 2011 -------------------------------------- Dated this the 11th day of February, 2011. ORDER These petitions are filed by the accused in Crime Nos.381, 385 and 410 of 2009, all of Nadapuram Police Station involving, apart from offences under the Indian Penal Code, offences under the PDPP Act and Sections 3 and 4 of the Explosives Substances Act as well. This Court granted bail to the petitioner in those cases subject to conditions including that petitioner was to surrender his passport in the trial court. Accordingly, petitioner surrendered his passport in the trial court. Later to go abroad, he wanted the passport to be returned and made application before the learned Magistrate. Learned Magistrate dismissed the applications observing that the petitions are not maintainable before that court since the condition was imposed by the High Court. 2. When these petitions came up for hearing learned counsel has sought permission to withdraw these petitions without prejudice to the right of petitioner to move before the appropriate forum with appropriate application. On hearing learned counsel for petitioner and the learned Public Prosecutor I am inclined to allow the request. Crl.MC Nos.436,438 & 442/2011 2 Resultantly these petitions are dismissed as withdrawn without prejudice to the right of petitioner to approach the appropriate forum with appropriate applications. THOMAS P.JOSEPH, Judge. cks