JUDGMENT

Wan Yahya J:

[1] On 18 June 1990 the respondent was produced and charged before the Sessions Court Kuala Lumpur in respect of an nonbailable offence punishable under s 409 of the Penal Code. The learned Sessions Judge allowed the respondent to be released on his entering into a bail bond in the sum of RM400,000 in two sureties and on condition that he would surrender his international passport to the Court. On the same day the Deputy Public Prosecutor acting under the proviso to Criminal Procedure Code applied for and obtained the order for the case to be transferred to the High Court, Kuala Lumpur. On 13 July 1990 the respondent who considered it imperative that he should make a compelling business trip to Jakarta filed a notice of motion in the High Court seeking for an order for the release of his international passport. Shaik Daud, J after hearing both parties varied the condition imposed by the Sessions Judge and ordered that the international passport be returned to the respondent for the purpose of a specific 5 day trip to Jakarta only and that the same be surrendered to the Court within 48 hours of the respondent's arrival in this country.

[2] The Public Prosec