IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14412 of 2007(N)
1. ABU KALATHIL, (NOW IN THE HOSPITAL),
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE, PALAKKAD.
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. KALATHIL ABDUL NAZAR,
4. ABDUL RASHEED, AGED ABOUT 32 YEARS,
For Petitioner :SRI.S.ABDUL SALAM
For Respondent :SRI.JACOB SEBASTIAN
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :17/09/2009
O R D E R
P.N.RAVINDRAN, J.
---------------------------
W.P.(C) No. 14412 OF 2007
--------------------------
Dated this the 17th day of September, 2009
J U D G M E N T
Heard Sri. S.Abdul Salam, the learned counsel appearing for the
petitioner and Sri. C.K.Suresh Kumar, the learned Senior Government
Pleader appearing for respondents 1 and 2.
2. This writ petition is filed seeking the following reliefs:
(a) Issue a writ of mandamus or other appropriate writ,
direction or order directing the respondents 1 & 2 to
impound the passport and other travel documents of the
respondents 3 & 4 till the investigation complete and file
report to the court concerned.
(b) Issue a writ of mandamus or other appropriate writ,
direction or order calling for the records relating to the
proceedings of the complaint to the police and further
proceedings with regard to the commission of criminal
action by the respondents 3&4.
(c) Award the cost of this petition to the petitioner.”
3. The learned counsel appearing for the petitioner submits that
respondents 3 and 4, who are arrayed as the accused in S.T. No.1745 of
2007 on the file of the Court of the Judicial First Class Magistrate,
Mannarkkad, had gone abroad while the sand case was pending against
them that they are now back in India and notwithstanding the fact that
W.P.(C) No. 14412/07
2
respondents 3 and 4 are involved in a criminal case, the official
respondents are not taking steps to impound their passports and to prevent
them from leaving the jurisdiction of the Court of Judicial First Class
Magistrate, where they are being prosecuted.
4. In my opinion, respondents 1 and 2 cannot impound the
passports issued to respondents 3 and 4. Respondents 1 and 2 can only
inform the Passport Officer concerned that respondents 3 and 4 are
involved in a criminal case, which is pending trial. The petitioner can also
bring this matter to the notice of the trial Magistrate by filing an appropriate
application. That being the situation, I am of the opinion that no orders are
called for in this writ petition. It is accordingly closed, reserving liberty with
the petitioner to move the Court of the Judicial First Class Magistrate,
Mannarkkad, where S.T. No.1745 of 2007 is pending or the Passport
Officer, who has issued passports to respondents 3 and 4 seeking
appropriate orders.
P.N.RAVINDRAN, JUDGE
vps
W.P.(C) No. 14412/07
3