The Superintendent Of Police vs Kiliyil Hamza Abdul Hakeem on 25 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 352 of 2009()


1. THE SUPERINTENDENT OF POLICE, CBI-ACB,
                      ...  Petitioner

                        Vs



1. KILIYIL HAMZA ABDUL HAKEEM, AGED 32
                       ...       Respondent

                For Petitioner  :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.

                For Respondent  : No Appearance

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :25/02/2009

 O R D E R
                      J.B.KOSHY, Ag.C.J. & V.GIRI, J.
                           --------------------------------------
                              W.A.No.352 of 2009
                           -------------------------------------
                           Dated 25th February, 2009

                                    JUDGMENT

Koshy, Ag.C.J.

This appeal is filed against the interim order passed by the

learned single Judge. Learned single Judge directed the investigating

agency to return the passport seized from the petitioner as at that time no

proceedings were pending against the petitioner. It is the case of the

appellant that thereafter a report was filed making the petitioner as fifth

accused in a case. Whatever may be that, interim order against which this

appeal is filed has already been complied with. If passport is necessary,

appellant can approach the criminal court where the case is pending for

production of the passport, untrammelled by the interim order. However,

this will not prevent the investigating agency in takng further proceedings.

Appellant is also free to approach the learned single Judge for an early

disposal of the writ petition.

The appeal is disposed of accordingly.

J.B.KOSHY
ACTING CHIEF JUSTICE

V.GIRI
JUDGE

tks