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2023 Supreme(Online)(KER) 25711

HIGH COURT OF KERALA
P. G. Ajithkumar, J
AYOOB – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
VINOY VARGHESE KALLUMOOTTILL ROJA R.

ORDER

This Crl.MC is filed with the following prayers:-

“1) Issue an appropriate direction or order or to direct the Judicial First Class Magistrate Court, south Paravoor to release the passport of the petitioner surrendered before the court in CC No: 792/2019 for the purpose of renewal.

2) Issue any other appropriate direction that this honorable court deem fit and proper in the circumstances this case.” SIC

2. The petitioner submitted an application for releasing the passport which was surrendered as per condition No.3 in Annexure A1 order. The grievance of the petitioner is that the same is not considered by the learned Magistrate because the passport was surrendered based on the orders passed by this Court.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. After hearing both sides, I think the Court below can consider such an application even though the order is passed by this Court. Therefore, the petitioner is free to file a fresh petition for release of the passport and if such an application is filed, the court below is directed to consider the same within a time frame. The petitioner submitted that the petitioner want the passport only for ren

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