IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1704 of 2008()
1. K.K. BHANDOPADYAYA, AGED 47 YEARS
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.C.HARIKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/04/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.1704 of 2008
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Dated this the 29th day of April 2008
O R D E R
The petitioner faces allegations in a crime registered under
the provisions of the Emigration Act. He was granted bail. In
connection with the investigation, the passport of the petitioner
was seized by the police and the same was produced before court.
The petitioner wants to go abroad. There is no condition of bail
that he should not go abroad. But because the passport is
produced before the learned Magistrate, the petitioner is not able
to go abroad. He very badly wants to go abroad in connection with
his work. The petitioner applied to the learned Magistrate for
release of the passport. The same has not been released to him.
By the impugned order, the said prayer was turned down. The
petitioner has come to this court with this petition under Section
482 Cr.P.C for a direction subject to appropriate safeguards to
release the passport to him to enable him to go abroad.
2. Notice has been given to the learned Public Prosecutor.
The learned Public Prosecutor has been heard. The learned
counsel for the petitioner makes it clear that he is not applying for
release of the other articles seized; but the only prayer is that the
passport may be released to him.
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3. Having considered all the relevant circumstances, I
am satisfied that a direction can be issued to the learned
Magistrate to release the passport to the petitioner subject to
appropriate conditions.
4. In the result, this petition is allowed. The passport of
the petitioner which is seized by the police and produced before
the learned Magistrate shall be released to the petitioner on the
following terms and conditions:
i) An attested photostat copy of the passport shall be
produced in substitution.
ii) The petitioner shall execute a bond for Rs.1,00,000/-
(Rupees one lakh only) undertaking to produce the passport
before the learned Magistrate as and when directed by the
learned Magistrate.
iii) The petitioner shall specify the name of his counsel or
such other persons to whom notice should be issued by the court
to direct him to produce the passport before the court.
iv) The petitioner shall reproduce the original passport
before the learned Magistrate within a period of sixty days from
the date on which such a direction is issued by the learned
Magistrate to the petitioner/persons specified by the petitioner.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007