IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 17^TH DAY OF JULY 2024 / 26TH ASHADHA, 1946 CRL.MC NO. 5632 OF 2024 CRIME NO.809/2023 OF Koduvally Police Station, Kozhikode AGAINST THE ORDER/JUDGMENT DATED 15.06.2024 IN CMP NO.2088 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THAMARASSERY PETITIONER:

RIYAS AGED 30 YEARS S/O. MOIDU, PARAKKAL HOUSE, AVILORA POST, KOZHIKKODE DISTRICT, PIN - 673572 BY ADVS. K.RAKESH RAJESH BABU CHELAT RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031

2 THE STATION HOUSE OFFICER THAMARASSERY POLICE STATION, KOZHIKKODE DISTRICT, PIN - 673573 OTHER PRESENT:

SRI. ASHI M.C (PP)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

17.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

----------------------------------------------------

Crl.M.C.No.5632 of 2024 ----------------------------------------------------

Dated this the 17^th day of July, 2024

ORDER

Petitioner is the 2^nd accused in Crime No.809 of 2023 of the Koduvally Police Station. While granting Bail on 24.01.2024 in B.A.No.421 of 2024, this Court directed the petitioner to surrender his Passport. Accordingly, the Passport was surrendered on the same day itself. Subsequently, petitioner filed C.M.P.No.2088 of 2024 for release of the said Passport. By the impugned order dated 15.06.2024, the learned Magistrate dismissed the said application after observing that the offences alleged are serious in nature and that the 1^st accused has not yet been apprehended, apart from the fact that the investigation is still going on. The learned Magistrate has also observed, that if the passport is released there is every chance that the petitioner may abscond.

The said order is under challenge.

2. I have heard, Sri.K.Rakesh, the learned Counsel for the petitioner as well as Sri.Ashi.M.C, the learned Public Prosecutor.

3. Petitioner had surrendered the Passport on 24.01.2024.

For the last six months his Passport is under custody of the Court.

This Court while granting bail had given liberty to the jurisdictional Court to modify the conditions, if the need arises. Continued retention of Passport before the Court can have the effect of impounding of the Passport which is a procedure that could be done only by the Passport Authority. Since the petitioner has already been released on bail there is no reason to assume that he would abscond or that his presence, if required, will not be able to be ensured. Appropriate conditions have already been imposed in the bail order to ensure that the petitioner participates in the trial.

4. In such circumstances, I am of the view that continued retention of the petitioner’s Passport is against the interest of justice. Hence, the impugned order dated 15.06.2024 is set aside and the Judicial First Class Magistrate Court-I, Thamarassery, is directed to release the Passport to the petitioner on the following conditions:-

(1) Petitioner shall execute a bond for Rs.50,000/- two solvent sureties.

(2) The petitioner shall file an afÏdavit undertaking to appear before the Investigating OfÏcer or before the Jurisdictional Magistrate as and when required.

(3) Petitioner shall file an afÏdavit giving the details of his residence and contact numbers of the place of residence abroad and also the e-

mail address.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE ANK APPENDIX OF CRL.MC 5632/2024 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE ORDER DATED 24-1-2024 OF THIS HON'BLE COURT IN B.A.NO.421/2024 Annexure B A TRUE COPY OF THE APPLICATION DATED 1-

6-2024 FILED BY THE PETITIONER AS C.M.P.NO.2088/2024 BEFORE J.F.C.M-I, THAMARASSERY Annexure C FREE COPY OF THE ORDER DATED, 15-6-2024 PASSED BY J.F.C.M-I, THAMARASSEY IN C.M.P.NO.2088/2024