High Court Kerala High Court

Rendhu Sara Kurian vs Union Of India on 14 July, 2009

Kerala High Court
Rendhu Sara Kurian vs Union Of India on 14 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11129 of 2009(I)


1. RENDHU SARA KURIAN,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA, REPRESENTED BY
                       ...       Respondent

2. THE REGIONAL PASSPORT OFFICER,

3. ASSISTANT PASSPORT OFFICER,

4. PUBLIC RELATION OFFICER,

5. THE SUPERINTENDENT,

6. MR. SHIBU K.MANI,

                For Petitioner  :SRI.M.V.THAMBAN

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice V.GIRI

 Dated :14/07/2009

 O R D E R
                        V.GIRI, J.
         ----------------------------------------
               W.P.(C).No.11129 of 2009
         ----------------------------------------
          Dated this the 14th day of July, 2009.


                      JUDGMENT

The marriage between the petitioner and the

6th respondent, solemnised on 28.12.2001, was

ultimately dissolved. But the 6th respondent-husband

is an accused in a criminal case registered for offences

under Section 498A of the Indian Penal Code and

Sections 3 and 4 of the Dowry Prohibition Act, as also

for offences under Sections 323, 506(i) and 294 read

with Section 34 of the Indian Penal Code. The

petitioner is the de facto complainant in all those

cases. However, the 6th respondent has been enlarged

on bail. The petitioner has sought for impounding of

the passport of the 6th respondent.

2. A memo has been filed by the counsel

appearing for the 6th respondent, producing an order

passed by the Judicial Magistrate of the First Class-I,

Ettumanoor permitting the passport surrendered by

the accused to be returned to him.

W.P.(C).No.11129 of 2009

:: 2 ::

3. In these circumstances, the remedy of the

petitioner is to move the magistrate for variation of

the conditions of the bail or to challenge the order

passed by the magistrate, as the case may be.

Subject to the above, the writ petition is

disposed of.

Sd/-

(V.GIRI)
JUDGE
sk/
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