MOHAMMED KUNHI C A Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONER challenges Annexure-3 dated 17.01.2011 on Crl.M.P.No.52 of 2011 of the court of learned Chief Judicial Magistrate, Ernakulam. PETITIONER who is an NRI businessman wanted his passport seized by the Central Bureau of Investigation (for short, "the CBI") in the course of investigation to be released to him so that he could go abroad in connection with business. Request was opposed by the CBI and learned Chief Judicial Magistrate by Annexure-3, order refused to order return of the passport. Learned counsel for petitioner contended that this is a case where petitioner is not even implicated, for no reason whatsoever he is detained and his passport is kept in custody. According to the learned counsel on account of inability to go abroad his business is affected and his status as NRI will also be affected. I have heard learned Standing Counsel for the CBI. It is submitted that body of the deceased was found in a hillock where the deceased who had physical inability could not have gone alone, a letter was recovered from the room, that has been sent to the Forensic Science Laboratory for report and that report is not received. It also submitted by learned Standing Counsel on getting instruction from the CBI that the Investigating Agency suspects involvement of petitioner also and that in such a situation if petitioner is permitted to go abroad that may affect further investigation of the case.

(2.) CASE is that the father in law of petitioner was found dead in suspicious circumstances on 15.02.2010. Deceased was the president of Malabar Islamic Religious Institute, Kasaragod. Initial investigation was conducted by the local Police and later it was handed over to the CBI.