JASIM LATHEEF VALAPPIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.221/2018 of New Mahe Police Station, Kannur District. He seeks to quash Annexure-AIV order dated 10.1.2020 passed by the court below dismissing Annexure-AV application filed by him, for release of his passport bearing number G8235200. Crime was registered against him for offences punishable under Section 468 of IPC and Section 12(1)(d) of the Passport Act.

(2.) The allegation against him is that using fake credentials, he obtained the passport and made use of it. When he was released on bail, he was directed to surrender the passport. After surrendering the passport, this is the second time he sought to return the passport from the custody of the court after his request was turned down once. The Investigating Officer seriously opposed the plea for return of passport and accepting the contention, the Magistrate dismissed CMP No.94/2020 by Annexure-AIV order. The learned Magistrate after hearing both sides found that there were sufficient materials to support the prosecution case that the petitioner managed to obtain the passport using fake credentials and release of passport would only amount to promoting the interest of the wrong doer and thereby give wrong signal to the society. In this view of the matter, the request of the petitioner was declined.

(3.) I heard the learned counsel for the petitioner and learned Public Prosecutor.