MUSTHAFA Vs. STATE

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the 2nd accused in C.C.No.1488/12 on the file of the Judicial First Class Magistrate Court, No -I, Kannur to set aside the order dismissing the application for return of passport under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner is accused No.2 in C.C.No.1488/12 on the file of the Judicial First Class Magistrate Court, No -I, Kannur. This was originated on the basis of Crime No.1103/2011 of Kannur Town Police Station which was registered on the basis of the complaint given by the de facto complainant against the petitioner and others alleging offences under Section 420 read with Section 34 of Indian Penal Code. As per Annexure A1 order, this court has granted bail to the petitioner on 08.11.2011 with condition inter alia directing the petitioner to surrender his passport and accordingly, he had surrendered his passport and released on bail. Thereafter, since he wanted the passport temporarily to go abroad, he moved this court and as per Annexure A2 order, this court has directed to release of the passport for a temporary period of two months and accordingly, he had after getting back the passport, surrendered the same. Later after that purpose, now again he wants to go abroad. So, he filed Annexure 3 petition seeking the return of the passport for a temporary period. But, the same was dismissed by the learned magistrate by the impugned order which is made part of Annexure 3 application itself stating that, that court has no power to release the passport. So, petitioner has no other remedy except to approach this court seeking the following relief:

(3.) THE Counsel for the petitioner submitted that earlier as per the directions of this court, the passport was returned to the petitioner and after the period, he had surrendered the passport. Now, he wants to go abroad again for which purpose, the passport is required.