IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Crl.MC.No. 1190 of 2008() ------------------------- CC.698/2007 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER: -------------------- SHAREEF K.P., S/O.KUNHUMOIDEEN KUTTY, RESIDING AT KOROTHU POYIL, NEDIYANAD AMSOM DESOM, KOZHIKODE DIST. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1190 of 2008 = = = = = = = = = = = = = = Dated this the 19th day of March, 2008 ORDER The petitioner, who is the accused in Crime No.657/1999 of the City Traffic Police, Kozhikode for offences punishable under Sections 279 and 304A IPC and whose case is now pending before the J.F.C.M- IV, Kozhikode, seeks a direction to release his passport which was surrendered by him pursuant to the order granting him bail. The trial of the case has already been started and is dragging on account of non availability of prosecution witnesses. The petitioner's visa is expiring on 10.4.08 and that is why he is desirous of getting release of his passport. He also submits that he will not raise any question of identity in any stage of the trial. 2. Accordingly. this Crl.M.C is disposed of directing the learned Magistrate to release the passport of the petitioner and also permit him to seek personal exemption, in case he files an application in that behalf undertaking that he will not raise any question regarding his identity. The learned Magistrate shall, in that event, allow personal exemption of the petitioner during the trial of the case, unless his appearance is found inevitable at any stage of the trial. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj