IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 89 of 2011()
1. FARHAN, S/O.ASARAF, AGED 19 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.MUHAMMED SHAFI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :24/01/2011
O R D E R
THOMAS P JOSEPH, J.
----------------------------------------
Crl.M.C.No.89 of 2011
---------------------------------------
Dated this 24th day of January, 2011
ORDER
Petitioner is accused in Crime No.300 of 2010 of Valayam
Police Station, Kozhikode for offences punishable under
Secs.143, 145, 147, 148, 448 and 427 r/w Sec.149 of the Indian
Penal Code and Secs.3 and 5 of the Explosive Substances Act.
Learned Sessions Judge, Kozhikode granted bail to the petitioner
on 03.11.2010 subject to certain conditions including that
petitioner shall surrender his passport. He complied with that
condition. It is stated that petitioner got an employment abroad.
Petitioner filed Crl.M.P.No.3561 of 2010 before the learned
Sessions Judge for release of the passport. That petition was
dismissed by order dated 29.12.2010. The said order is under
challenge. Learned counsel submitted that if the passport is not
issued to the petitioner he will loose his job. I have heard learned
Public Prosecutor also. Learned Public Prosecutor after getting
instructions submitted that other accused are absconding and
that investigation is not complete. Presence of petitioner is
required for further investigation. The Investigating officer has
also the apprehension that if his passport is released and
Crl.M.C.No.89 of 2011
-: 2 :-
petitioner goes abroad he might not come back. Learned counsel
requested that passport may be released to the petitioner atleast
for a short period.
2. It is seen that serious offences are alleged against
petitioner and that investigation of the case is not complete.
Petitioner was granted bail only on 03.11.2010 and as directed by
the learned Sessions Judge petitioner surrendered his passport.
The request for release of the passport cannot be entertained in
the above circumstances. In the circumstances, I do not find
reason to interfere with the order under challenge but, I make it
clear that this order or the impugned order will not stand in the
way petitioner approaching the learned Sessions Judge with a
similar request at a later stage if circumstances justified that.
This criminal miscellaneous case is dismissed.
(THOMAS P JOSEPH, JUDGE)
Sbna/-