IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11129 of 2009(I)
1. RENDHU SARA KURIAN,
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY
... Respondent
2. THE REGIONAL PASSPORT OFFICER,
3. ASSISTANT PASSPORT OFFICER,
4. PUBLIC RELATION OFFICER,
5. THE SUPERINTENDENT,
6. MR. SHIBU K.MANI,
For Petitioner :SRI.M.V.THAMBAN
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble MR. Justice V.GIRI
Dated :14/07/2009
O R D E R
V.GIRI, J.
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W.P.(C).No.11129 of 2009
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Dated this the 14th day of July, 2009.
JUDGMENT
The marriage between the petitioner and the
6th respondent, solemnised on 28.12.2001, was
ultimately dissolved. But the 6th respondent-husband
is an accused in a criminal case registered for offences
under Section 498A of the Indian Penal Code and
Sections 3 and 4 of the Dowry Prohibition Act, as also
for offences under Sections 323, 506(i) and 294 read
with Section 34 of the Indian Penal Code. The
petitioner is the de facto complainant in all those
cases. However, the 6th respondent has been enlarged
on bail. The petitioner has sought for impounding of
the passport of the 6th respondent.
2. A memo has been filed by the counsel
appearing for the 6th respondent, producing an order
passed by the Judicial Magistrate of the First Class-I,
Ettumanoor permitting the passport surrendered by
the accused to be returned to him.
W.P.(C).No.11129 of 2009
:: 2 ::
3. In these circumstances, the remedy of the
petitioner is to move the magistrate for variation of
the conditions of the bail or to challenge the order
passed by the magistrate, as the case may be.
Subject to the above, the writ petition is
disposed of.
Sd/-
(V.GIRI)
JUDGE
sk/
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