IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2508 of 2010()
1. EDAKKADAN KALATHIL MUHAMMOOD,
... Petitioner
Vs
1. THE PASSPORT OFFICER,
... Respondent
2. S.I. OF POLICE,
For Petitioner :SRI.K.SHIBILI NAHA
For Respondent :SHRI.THOMAS KACHIRAMATTAM,CGC
The Hon'ble MR. Justice V.RAMKUMAR
Dated :06/07/2010
O R D E R
V. RAMKUMAR, J.
= = = = = = = = = = = = =
Crl.M.C..No.2508 of 2010
= = = = = = = = = = = = = =
Dated : 06.07.2010
ORDER
Heard the learned counsel for the petitioner/accused,
the learned counsel for the 1st respondent, the Regional
Passport Officer, Malappuram and the learned Public
Prosecutor representing the State.
2. Petitioner is the 5th accused in Crime No.212 of
2005 of Kondotty Police Station for offences punishable
under Sections 471,468 and 420 read with 34 IPC and
Section 12(1)(b) of the Indian Passport Act, 1967. His
passport was seized by the Sub Inspector attached to
Immigration Wing of Calicut Airport on 13.01.2010 on his
arrival from Saudi Arabia. The passport was then
forwarded to the 1st respondent who impounded the same
and it is presently in the custody of the 1st respondent . It
was thereafter that the above crime was registered against
the petitioner. According to the petitioner, his visa expires
Crl. M.C. No. 2508/2010
2
on 11.7.2010 as evidenced by Annexure 9. The petitioner
filed C.M.P.No.2968/2010 before the J.F.C.M, Malappuram
seeking interim custody of the passport under Section 457
Cr.P.C. The said application has been dismissed as per
Annexure 12 order dated 3.7.2010 on the ground that the
petitioner’s case that the passport was seized by the
Kondotty Police was not correct and that the passport was
actually seized by the Sub Inspector attached to the
Immigration Wing of Calicut Airport and forwarded to the
Passport Authority, which has every right to impound the
passport.
3. After hearing both sides, I am of the view that all
that is needed is a permission to go abroad in terms of
notification GSR 570(E) dated 25.08.1993 as was issued by
this Court in Asok Kumar v. State of Kerala (2009(2) KLT
712). Accordingly, the petitioner, who is the accused in
Crime No.212/2005 of Kondotty Police Station, is permitted
to go abroad for a period of two years from today on his
Crl. M.C. No. 2508/2010
3
executing a bond a for Rs.1,00,000/-(Rupees one lakh only)
with two solvent sureties each for the like amount to the
satisfaction of the J.F.C.M, Malappuram undertaking to
appear before the Magistrate or such court as and when
required. He shall also furnish to the court below his
complete address both local as well as abroad, besides the
name, address and telephone/mobile number of his local
advocate, who can be contacted for future directions to the
petitioner. The 1st respondent Regional Passport Officer
shall release the passport forthwith on intimation by the
Magistrate of compliance of the above directions.
Dated this the 6th day of July, 2010.
sd/-
V. RAMKUMAR, JUDGE
sj
/True copy/
P.A.to Judge