High Court Kerala High Court

Abdul Zachariya vs State Of Kerala on 19 January, 2011

Kerala High Court
Abdul Zachariya vs State Of Kerala on 19 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 172 of 2011()


1. ABDUL ZACHARIYA, S/O.ABDUL KHADER,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY SUB INSPECTOR
                       ...       Respondent

                For Petitioner  :SRI.A.MOHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :19/01/2011

 O R D E R
                    THOMAS P.JOSEPH, J
                     * * * * * * * * * * * * *
                       Crl.M.C.No.172 of 2011
                    ----------------------------------------
             Dated this the 19th day of January 2011


                               O R D E R

This petition is filed by the accused in crime No.420 of

2010 of Enathu police station for offence punishable under

Section 420 I.P.C. He was arrested on October 22, 2010 and

released on bail on November 8, 2010 as per order of learned

Judicial First Class Magistrate Court, Adoor. While granting

bail, learned Magistrate imposed a condition that petitioner shall

surrender his passport. The prayer in this petition is to direct

learned Magistrate to release the passport to the petitioner.

Learned counsel for the petitioner submits that investigation of

the case is over and charge sheet has already been submitted.

2. If that be so, petitioner has to move the trial court. I

make it clear that it will be open to the petitioner to move the

learned Magistrate for appropriate relief such as lifting or

modifying the condition or, release of passport, if circumstances

warranted.

Crl.M.C.No.172 of 2011 2

3. Without prejudice to that right of the petitioner, this

petition is closed.

(THOMAS P.JOSEPH, JUDGE)

jsr

// True Copy// PA to Judge

Crl.M.C.No.172 of 2011 3

Crl.M.C.No.172 of 2011 4

THOMAS.P.JOSEPH,J.

Crl.M.C.No. of 200

ORDER

19/01/2011