High Court Kerala High Court

Edakkadan Kalathil Muhammood vs The Passport Officer on 6 July, 2010

Kerala High Court
Edakkadan Kalathil Muhammood vs The Passport Officer on 6 July, 2010
       

  

  

 
 
  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
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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
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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