IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2668 of 2010()
1. KUNHIMARAKKAR NAMBRATH,NAMBRATH HOUSE,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY PUBLIC
... Respondent
2. THE PASSPORT OFFICER,PASSPORT OFFICER,
For Petitioner :SRI.K.MUHAMMED SALAHUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/07/2010
O R D E R
V.RAMKUMAR, J.
-------------------------------------
Crl.M.C. No.2668 of 2010
--------------------------------------
Dated this the 15th day of July, 2010
ORDER
Petitioner, who is the common accused in Crime
Nos.96, 97, 98, 99 and 100 of 2007 of Valancheri Police
Station for an offence punishable under Section 411 of the
IPC in respect of five gas cylinders and now pending
before the J.F.C.M Court, Tirur as C.C.Nos.364, 365, 397,
394 and 391 of 2007, seeks a direction to the 2nd
respondent, the Regional Passport Officer, Malappuram to
release the petitioner’s Passport No.H4721433 temporarily
for a period of six months to enable him to proceed to
‘Hajj’ pilgrimage for the year 2010. In the light of the
decision in Ashok Kumar v. State of Kerala 2009 (2)
KLT 712, the petitioner is given permission to go abroad
for a period of six months. The passport of the petitioner
shall be released for a period of six months on his
executing a bond for Rs.1,00,000/- (Rupees One Lakh
only) with two solvent sureties each for the like amount to
Crl.M.C. No.2668 of 2010
: 2 :
the satisfaction of the J.F.C.M Court, Tirur and undertaking
before the Magistrate that he will surrender the passport
before the 2nd respondent within six months of release of
the same and that he shall appear before the Court at any
subsequent stage of the trial, if the Court finds his
presence inevitable notwithstanding the personal
exemption granted under Section 205 Cr.P.C. The
petitioner shall also leave his local address as well as the
address abroad and the name, address and phone number
of his local Advocate. This Criminal M.C is disposed of as
above.
V.RAMKUMAR, JUDGE
dmb