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2026 Supreme(Online)(Ker) 9566

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
MUSTHAKEEM – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.K.REEHA KHADER
For the Respondents: PUBLIC PROSECUTOR, HIGH COURT OF KERALA

ORDER

The petitioner is the fifth accused in Crime No. 188/2018 registered by the Crime Branch, Malappuram.

2. By Annexure A1(a) order, the petitioner was enlarged on statutory bail by the Special Court for SC/ST (POA) Act & NDPS Act Cases, Manjeri (‘Trial Court’, for brevity), subject to conditions. As per condition No. (4), the petitioner was directed to surrender his passport within three days from the date of his release. In compliance with the said direction, the petitioner surrendered his passport before the Trial Court. Although the passport was surrendered in September 2022, the investigation in the case has not been completed, and the final report has not been filed. The petitioner proposes to travel abroad for the purpose of employment. Therefore, Condition No. (4) in the bail order may be deleted. Hence, the petition.

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

4. Indisputably, Annexure A1(a) order is passed by the Trial Court directing the petitioner to surrender his passport within three days of the date of his release. The petitioner has not moved the Trial Court for modification/deletion of the said condition. Instead, the petitio

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