IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 438 of 2009()
1. P.ABDUL JABBAR, AGED 27 YEARS
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.MANJERI SUNDERRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :29/01/2009
O R D E R
R. BASANT, J.
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Crl.M.C. No. 438 of 2009
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Dated this the 29th day of January, 2009
ORDER
The petitioner faces indictment in a prosecution for
offences punishable, inter alia, under Sec.353 read with
Sec.149 IPC. The petitioner was granted bail as per the order
of the learned Sessions Judge. The learned Sessions Judge has
imposed a condition that the petitioner must surrender his
passport. Accordingly, the passport has been surrendered
before the learned Magistrate. The petitioner now wants the
passport to be released to him to enable him to go abroad.
The petitioner has not moved the learned Sessions Judge.
Instead, it is alleged that he had moved the learned Magistrate.
The learned Magistrate has not passed any orders. It is with
that grievance the petitioner has come before this Court.
2. The condition was imposed by the learned Sessions
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Judge and in fairness and in the fitness of things, the application
to delete that condition must have been filed before the learned
Sessions Judge. It is submitted that the post of the Principal
Sessions Judge, Kozhikode, is vacant and it is hence that the
petitioner had to file a petition for release of the passport before
the learned Magistrate first and this petition later before this
Court. It is for the petitioner to file an appropriate application to
delete the condition imposed by the learned Sessions Judge
before the Sessions Court. Needless to say, whichsoever
Court/Judge is holding charge of the Principal Sessions Judge
such Judge will have to pass appropriate orders on merits, in
accordance with law and expeditiously on such application. I
am not satisfied that any other direction need be issued in this
Crl.M.C.
3. This Crl.M.C. is accordingly dismissed with the above
specific observation.
5. Hand over a copy of this order to the learned counsel for
the petitioner for production before the Sessions Court when an
application is filed for deletion of the condition.
Sd/-
(R. BASANT, JUDGE)
Nan/ //true copy// P.S. to Judge
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