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Judgment
7 paragraphs · 288 wordsDr Kauser Edappagath, J
This O.P.(Crl.) has been filed challenging Ext.P3 order passed by the Judicial First Class Magistrate Court-I, Sulthanbathery.
The petitioner is the 2nd accused. He faces trial for the offences punishable under Sections 341, 323, 447 and 506 of the IPC. He was granted bail by this Court as per Ext.P1. One of the conditions in the bail order was that he shall surrender his passport. Accordingly, he surrendered his passport. Thereafter, he moved an application seeking personal exemption from his personal appearance. The reason shown was that he wanted to go abroad to earn his livelihood. The said petition was also allowed on condition as per Ext.P2. However, when he filed an application to release his passport, it was dismissed as per Ext.P3 order. The said order is under challenge in this O.P.(Crl.)
I have heard Smt.Celine Joseph, the learned counsel for the petitioner and Smt.T.V.Neema, the learned Senior Public Prosecutor for the respondent.
The request of the petitioner to release the passport was dismissed only on the ground that the passport was surrendered as per the direction of this Court. Since the learned Magistrate has already granted personal exemption of the petitioner from appearing at the court below as per Ext.P2 order to enable him to go abroad, it is only just and proper to release the passport.
Hence, Ext.P3 order is set aside. The learned Magistrate shall release the passport to the petitioner on executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court below. The learned Magistrate is free to impose other necessary conditions, if any.
The O.P.(Crl.) is disposed of as above.