IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Crl.MC.No. 2124 of 2009() ----------------------------------- CC.NO.84/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANNUR ................. PETITIONER/ACCUSED --------------------------------- FIROZ, POWAKKAL HOUSE, NHATUVAYAL, KOTTALI, KANNUR, KERALA. BY ADV. MR.SUNIL NAIR PALAKKAT MR.ABHILASH K.N. MR.JIMMY N.JOSEPH SMT.LEELA R. RESPONDENT/STATE/COMPLAINANT ------------------------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2124 of 2009 -------------------------- ORDER Petitioner is the accused in C.C.No.84/2009 on the file of Judicial First Class Magistrate's Court-I, Kannur, registered for the offences under Sections 341, 294(b), 427 and 392 read with Section 34 of Indian Penal Code. Under Annexure-A1 order in C.M.P.No.234/2009 dated 23.1.2009, petitioner was granted bail. While granting bail, petitioner was directed to surrender his passport, if any. Pursuant to the order, he had surrendered the passport. This petition is filed under Section 482 of Code of Criminal Procedure to direct Judicial First Class Magistrate-I, Kannur to release the passport after quashing the direction to surrender the passport. 2. Pursuant to the order in the bail application, petitioner had already surrendered the passport. Hence, there is no meaning in quashing CRMC 2124/09 2 that direction at this stage. The only question is whether petitioner is entitled to get the passport released. 3. Evidently, petitioner is intending to go abroad. The question is what will be its effect. Presence of the petitioner for the purpose of trial is to be assured. If petitioner files an application for exemption under Section 205 of Code of Criminal Procedure and it is allowed, petitioner is at liberty to file an application for release of the passport, in which event, Magistrate may release the passport. Petition is disposed. 16th July, 2009 (M.Sasidharan Nambiar, Judge) tkv