IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 157 of 2011()
1. AJMAL, S/O AMMAD, AGED 26 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.SANTHARAM.P
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :25/01/2011
O R D E R
THOMAS P. JOSEPH, J.
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Crl.M.C. No.157 of 2011
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Dated this the 25th day of January, 2011.
ORDER
Petitioner is accused in Crime No.160 of 2010 of Perambra Police Station
for offence punishable under Section 308 of the Indian Penal Code. Petitioner
was granted bail by the learned Sessions Judge, Kozhikode by Annexure-1,
order. As per condition imposed petitioner surrendered his passport. Later he
filed Crl.M.P.No.3661 of 2010 before learned Sessions Judge seeking release of
the passport which was refused by Annexure-3, order. That order is under
challenge. Learned counsel requests that the passport may be released to
petitioner.
2. Learned Public Prosecutor submitted that the case has
already been committed to the Sessions Court for trial in C.P.No.25 of 2010 of
the court of learned Judicial First Class Magistrate, Perambra. According to the
learned Public Prosecutor, Investigating Officer apprehends that in case the
passport is released to the petitioner and he goes abroad he may not be
available for trial. In response learned counsel submitted that the matter has
already been settled between petitioner and the defacto complainant.
3. Having regard to the circumstances stated, the appropriate course
is to direct learned Sessions Judge to expedite trial of the case since petitioner
has time upto 30.05.2011.
Crl.M.C.No.157/2011
2
Resultantly this petition is disposed of directing learned Sessions Judge,
Kozhikode or the Additional/Assistant Sessions Judge to whom the case is made
over for trial to ensure that the case is tried and disposed of as early as possible,
at any rate before 30.04.2011.
THOMAS P.JOSEPH,
Judge.
cks