P.C. RAHOOPH Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the 1st accused in C.C. No. 1618/2013 on the file of Chief Judicial Magistrate's Court, Thalassery challenging Annexure 4 order passed by the learned Magistrate under Ss. 482 of the Code of Criminal Procedure (hereinafter referred to as the Code).

(2.) It is alleged in the petition that the petitioner was arrayed as 1st accused in Crime No. 385/2012 of Mattannur Police Station alleging offences under Ss. 406, 406, 120(B) read with Sec. 34 of the Code and Sec. 3 and 4 of Price Chits and Money (Banning) Scheme Act. After investigation, final report was filed and it was taken on file as C.C.1618/2013 on the file of the Chief Judicial Magistrate Court, Thalassery. The petitioner was accused in several cases of similar nature pending before the same court and as per Annexure A1 common order, he was granted bail on all these cases including this case on conditions inter alia that he shall surrender the passport and shall was not leave India without prior permission from the court. Since he was having business transactions abroad also, he filed Crl.MP 3221/2015 in CC 1618/2013 for permission to go abroad for 30 days and also wanted to return the passport for that purpose and that application was allowed as per Annexure 2 order and he was directed to resubmit his passport on or before 10.8.2015 and that was complied with. Since he wanted to go abroad again in connection with his employment and business, he filed Annexure 3 petition for return of passport within 6 months. But that petition was dismissed by the court below by Annexure A4 order which is being challenged by the petitioner by filing this petition.

(3.) Heard the Counsel for the petitioner Sri. E. Narayanan and Smt. Serena George learned Public Prosecutor appearing for the State.