IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 236 of 2011()
1. ABDUL SALEEM,S/O.KUNHIMUHAMMED,MANGADAN
... Petitioner
Vs
1. THE STATE OF KERALA,REPRESENTED BY THE
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :27/01/2011
O R D E R
THOMAS P JOSEPH, J.
----------------------------------------
Crl.M.C.No.236 of 2011
---------------------------------------
Dated this 27th day of January, 2011
ORDER
This petition is in challenge of Annexure-C, order dated
December 27, 2010 passed by learned Additional Sessions Judge
in charge of learned Sessions Judge, Manjeri limiting the time for
production of passport as per condition imposed by Annexure-A,
order to fifteen days.
2. When petitioner was granted bail in Crime No.397 of
2010 of Kolathur Police Station for offences punishable under
Secs. 498A and 324 r/w Sec.34 of the Indian Penal Code learned
Sessions Judge directed that petitioner shall surrender his
passport before the investigating officer and if he has none, to
file an affidavit in that line. Since the period of passport of
petitioner had expired, petitioner had to submit the same to the
passport authority concerned for its renewal but it was not
received back. Thereon petitioner filed Crl.M.C.No.1769 of 2010
requesting to delete the condition. Learned Additional Sessions
Judge in charge of the Sessions Judge while refusing to lift the
condition modified condition No.5 and directed that petitioner
shall file an affidavit before the investigating officer that his
Crl.M.C.No.236 of 2011
-: 2 :-
passport is entrusted to the passport office, Kozhikode and
undertaking to surrender the passport within fifteen days before
the investigating officer. Learned counsel submitted that
petitioner has not so far got back the passport after renewal from
the authorities concerned and hence was not able to comply with
the condition as above stated.
3. Having regard to the circumstances stated, I do not
find it necessary to lift the condition as such but, it is sufficient
that petitioner is granted time to produce the passport getting it
renewed from the authorities concerned.
In the circumstance this petition is disposed of granting two
months’ time from this day to the petitioner to surrender the
passport as directed in Annexure-A, order. Petitioner may
produce a copy of this order to the passport authority concerned,
who shall make every endeavour to renew the passport (if it is
otherwise permissible to do so) at the earliest so that petitioner
could comply with the condition. If any further extension of time
is required, it is open to the petitioner to move the learned
Sessions Judge stating reasons. Petitioner shall within two weeks
file the affidavit as directed by the court below undertaking to
surrender the passport within two months from this day.
(THOMAS P JOSEPH, JUDGE)
Sbna/-