J U D G M E N T

This Petition is in challenge of the order passed by the learned Judicial First Class Magistrate-V, Kozhikode in C.M.P. No.2599 of 2010 as per which the learned Magistrate refused to release the passport produced by the petitioner in that court. Petitioner was accused in C.C. No.497 of 2002 of that court. He was convicted and sentenced for various offences. He preferred appeal No.182 of 2008 and sought suspension of sentence. Appellate court directed petitioner to surrender passport in the trial court and accordingly passport was produced in that court. According to the petitioner, the appeal was allowed and he was acquitted of all charges levelled against him. Hence he is entitled to get back the passport produced in the trial court. It is for the said purpose that petitioner filed C.M.P. No.2599 of 2010. That petition was dismissed by the trial court stating that since passport was surrendered as per the order of the appellate court, order for release of passport has to be obtained from that court. According to learned counsel since appeal was allowed, the interim order for surrender of passport goes and the trial court was competent to release the passport.

2. I h