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2025 Supreme(Online)(Ker) 51095
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SHIBIL ALI SIDHIK – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9354 OF 2024
For the Appellants/Petitioners: SRI.SHARAN SHAHIER, SMT.SNEHA JOY, SMT.RHEA SHERRY, SHRI.AQEEL MUHAMMED K.H., SMT.SHILPA PRATHAP
For the Respondents: SR.PP-SRI.A.VIPIN NARAYAN, PP-SRI.U.JAYAKRISHNAN
Compliance with bail conditions justifies the release of a passport, despite pending investigations.
Headnote:This case involves a criminal miscellaneous application for bail under various Sections of the IPC. The petitioner has complied with the bail conditions, including surrendering the passport. The State raised objections citing that the petitioner is part of a gold smuggling gang and the final report is pending. However, the court found no grounds to further restrict the petitioner's movement and allowed the release of the passport. The court emphasized compliance with bail conditions as a basis for its decision. The final outcome decreed releasing the petitioner's passport.
| Table of Content |
|---|
| 1. complying with bail conditions. (Para 1 , 2) |
| 2. state objections to passport release. (Para 3 , 4) |
| 3. court's order on passport release. (Para 5) |
ORDER
Dated this the 13th day of November, 2025 The petitioner is the 5th accused in Crime No.12/2024 of Kuthuparamba police station. The offences alleged against the petitioner is under Sections 458 , 395, 354 and 354A of IPC .
2. The petitioner was granted bail by this Court as per Annexure 3 order. One of the condition in the said order was a direction to surrender his passport before the learned Magistrate.
3. According to the learned counsel for the petitioner, so far he has complied the terms and conditions in Annexure 3 order, and he seeks release of his passport to go abroad in case he obtains any job abroad.
4. The learned Public Prosecutor upon instructions submitted that so far the petitioner has complied the directions in Annexure 3 bail order. The learned Public Prosecutor, however, opposed the application mainly on the ground that the final report is not yet filed and also that the petitioner is a member of gold smuggling gang.
5. Considering the fact that the petitioner has so far complied all the bail conditions imposed by this court as per Annexure 3 order, I do not find any grounds to detain his passport any further. In the above circumstances, this Crl.M.C. is allowed. The learned Magistrate is directed to release the passport of the petitioner forthwith.
