SAKARIYA PUNNAKKAN Vs. STATION HOUSE OFFICER PAYANGADI POLICE STATION KANNUR REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM

JUDGEMENT

(1.) THIS revision petition is filed by the 4th accused in Crime No.119 of 2012 of Payangadi Police Station in Kannur District against the order dated 21.4.2012 of the Judicial First Class Magistrate, Payyannur in C.M.P.No.1776 of 2012 in crime No.119 of 2012 of the Payangadi Police Station. The said crime was registered for offences punishable under sections 120B, 406, 498A and 307 read with section 34 of the Indian Penal Code. The petitioner is the brother-in-law of the defacto complainant. Earlier, the petitioner along with other accused approached this Court by filing B.A.No.1493 of 2012. The said bail application was disposed of as per Annexure A1 order dated 13.3.2012 with certain conditions. One of the conditions was to surrender their passports before the concerned Magistrate. Accordingly, the petitioner, in compliance with the conditions in Annexure A1 order, surrendered his passport before the Judicial First Class Magistrate, Payyannur. Now, he obtained a job visa which will be valid only up to 25.5.2012. In the said circumstances, he moved Crl.M.A.No.2128 of 2012 in B.A.No.1493 of 2012 with the prayer to lift the condition requiring surrender of passport before the concerned Magistrate. Holding that the said condition which was already complied with could not be lifted that application was dismissed, but with liberty to approach the learned Magistrate with an application to release the passport and for permission to go abroad. Thereupon, the petitioner moved C.M.P.No.1776 of 2012 in Crime No.119 of 2012 before the Judicial First Class Magistrate, Payyannur seeking return of the passport surrendered by him pursuant to the order of this Court in Annexure A1. The defacto complainant as also the Assistant Public Prosecutor opposed the said application. Consequently, the same was dismissed as per Annexure A3 order. It is challenging the said order and seeking appropriate direction to the learned Magistrate to release the passport subject to such condition as this Court deems fit that this revision petition has been filed.

(2.) I have heard the learned counsel for the petitioner as also the learned Public Prosecutor.

(3.) THE learned Magistrate shall proceed with further steps in furtherance of this order on the appearance of the petitioner/the 4th accused before that court.