HARIS K Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is one among the hundred accused in Crime No. 382/2009 of Nadapuram Police Station, registered for the offences under S.143, S.145, S.147, S.148 and S.353 read with S.149 of Indian Penal Code and S.38 read with S.53 of Kerala Police Act and S.3 and S.5 of Explosive Substances Act, was granted bail on conditions. One of the conditions was that petitioner shall surrender his passport. Accordingly, he surrendered the passport. He filed Crl. MP No. 1695/2010 before Sessions Court, Kozhikode for getting the passport released on the ground that he has to go abroad for employment. By Annexure - A2 order, learned Sessions Judge dismissed that petition. This petition is filed under S.482 of Code of Criminal Procedure to quash Annexure - A2 order and to release the passport.

(2.) Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

(3.) Though investigation is at the initial stage, on the facts, I do not find that petitioner shall be deprived of his livelihood by retaining the passport. On stringent conditions, passport could be released to the petitioner.