LATEF BIN ABDUL JAMIL Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner challenging the condition imposed by the court of Sessions, Kozhikode in Crl.M.P. No. 1507/2014 in Crl.Appeal No. 295/2014 under section 482 of the Code of Criminal Procedure (hereinafter called the 'Code')

(2.) IT is alleged in the petition that petitioner is a Malaysian citizen having passport No. A24973051 and he came to India on a multiple entry visa issued by Republic of India on 14/03/2012 and it was having validity up to 13/03/2013. The grandfather of the petitioner was an Indian citizen. His two sisters were married to Indian citizens and he proposed to marry a kearalite woman. Since he had not produced the residence certificate for residing in India, though he obtained a certificate later and approached the Superintendent of Police Rural Vadakara for attestation on 13/03/2013, he was detained in his office and thereafter a case was registered as Crime No. 269/2013 and he was arrested and produced before the Judicial First Class Magistrate Court, Koyilandy and he was remanded to custody and till 07/05/2013 he was in jail and he was granted bail by this Court and accordingly released on bail on 07/05/2013. The passport was directed not to be returned till the disposal of the trial. He was tried and later convicted by the learned Magistrate and he was sentenced to undergo imprisonment and pay fine. He filed appeal against the same. The learned Sessions Judge admitted the appeal and suspended the sentence on condition of executing a bond for Rs. 50,000/ - with two solvent sureties for the like sum each to the satisfaction of the learned Magistrate within one week and further directed that the passport of the petitioner shall not be returned until further orders and he shall reside in the address furnished before the court below. The condition imposed by the court below is being challenged by the petitioner by filing this petition.

(3.) THE counsel for the petitioner submitted in fact he was in jail for 55 days and the court below also imposed only 55 days substantiative sentence and what remains to be complied with is only payment of fine for which the passport of the petitioner need not be detained as trial has already been completed.