The court rejected the petitioner bail application seeking release of passport surrendered as a condition. Absence of concrete case regarding employment or visa outside India negated the necessity to interfere with the bail order.
Petition for release of passport was dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932
Crl.MC.No. 3921 of 2010()
CMP NO. 1066/2010 IN CRL.MC.No.102/2010 OF SESSIONS COURT, MANJERI CRIME NO. 44/2010 OF PONNANI POLICE STATION
PETITIONER / PETITIONER / ACCUSED:
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M.P.MADHU, S/O.MADHAVAN, NARIYAPADATH HOUSE, P.O.EDAPPAL, PONNANI TALUK, MALAPPURAM-679 576.
BY ADV. SRI.A.MOHAMED MUSTAQUE SRI. K.R. AVINASH SRI. JISON P. JOSI
RESPONDENT / RESPONDENT / COMPLAINANT:
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1. THE STATION HOUSE OFFICER, PONNANI, MALAPPURAM-679 577.
2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. P.A. SALIM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
M.SASIDHARAN NAMBIAR,J.
--------------------------------------------- CRL.M.C.NO.3921 OF 2010 --------------------------------------------- Dated 20th October, 2010
O R D E R
Petitioner was granted bail in
Crime No.44/2010 by Sessions Court, Manjeri under Annexure-A1 order on conditions. One of the conditions was that petitioner shall
surrender his passport. Petitioner surrendered his passport. He filed Crl.M.P.1066/2010 before the learned Sessions Judge to lift the said condition. By Annexure-A2 order the petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure to get the passport released.
Prosecutor were heard.
Crmc 3921/10
is that he is a driver and unless he gets the passport, he cannot work abroad and there is an offer for employment and likelihood of getting employment outside India and therefore, passport is to be released. When the petitioner has no case that he got any employment or visa to work abroad, I do not find any necessity to interfere with Annexure-A1 order. If the
petitioner obtains any employment and visa he is at liberty to apply for release of that
passport at that time.
Petition is dismissed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
1 issue framed by the court
Whether the petitioner passport should be released without proof of employment or visa obtained.
1 provisions across 1 enactments
M.P. MADHU
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM
M. SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
