IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 CRL.MC.NO. 57 OF 2011() ------------------------------------ CRMP.3543/2010 OF SESSIONS COURT, KOZHIKOE .................... PETITIONER(S): ACCUSED ------------------------------------- P.K.ANSAR, S/O.ALI, AGED 30 YEARS, PALLIPPARAMBATH, PLLIKKUNI HOUSE, CHERUMOTH, VALAYAM, VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP.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 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.57 of 2011 ==================================== Dated this the 04th day of February, 2011 O R D E R Petitioner is accused in Crime No.312 of Valayam Police Station for offences punishable under Sections 143, 147, 148, 341, 324, 326 and 308 read with Section 149 of the Indian Penal Code. He was granted bail on 01.12.2010 with a condition to surrender his passport. Later he filed Crl.M.P. No.3543 of 2010 before the learned Sessions Judge, Kozhikode requesting to release the passport since he wanted to go abroad in connection with employment. That petition was dismissed which is under challenge. Learned counsel submitted that if the passport is not released to the petitioner he will lose the job. I have heard learned Public Prosecutor also. It is submitted that accused Nos.4 and 5 who were already released have left the country and several other accused are yet to be arrested. Investigating Officer apprehends that if the passport is released to the petitioner he would go abroad and will not return. Having regard to the facts and circumstances of the case I am not inclined to grant relief to the petitioner. CRL.M.C. No.57 of 2011 -: 2 :- Resultantly, this Criminal Miscellaneous Case is dismissed. I make it clear that this or the impugned order will not stand in the way of petitioner approaching the learned Magistrate with the same request after investigation is completed and if any such application is made, it is for the learned Magistrate to consider the request and pass appropriate orders in the matter. THOMAS P. JOSEPH, JUDGE. vsv