ABDUL RAHSEED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was granted anticipatory bail as per order of the learned Sessions Judge, Manjeri subject to conditions. Condition No.2 imposed on the petitioner is that he shall surrender his passport before the lower court. Accordingly, the passport had been surrendered. Later, the petitioner had got back the passport to perform a pilgrimage. Subsequently, he has surrendered the passport before the learned Magistrate as directed by this Court earlier in this Crl.M.C. The prayer of the petitioner is that condition No.2 imposed on him may be deleted and his passport may be released to him.

(2.) There is a further condition imposed as condition No.5 that the petitioner shall not leave the State without obtaining the prior permission of the lower court. The petitioner can make use of the passport only if he is granted permission under clause 5 of Annexure- A order passed by the Sessions Judge. Whenever the petitioner wants to go abroad, the petitioner can apply to the learned Magistrate for release of the passport to him showing the specific reason of the need for passport. The learned Magistrate shall pass appropriate orders on such applicationS. In the light of the opposition by the learned Public Prosecutor, I am satisfied, that it is not necessary now to direct release of the passport to the petitioner without any specific need or reason. As and when need arises, the petitioner can apply before the learned Magistrate and the learned Magistrate must consider the application on merits and pass appropriate orders subject to appropriate conditions, if necessary.

(3.) With the above observation, this Crl.M.C is, dismissed.