Siddiq P.P vs State Of Kerala And Ors

This Crl.M.C is filed challenging Annexure B order of the Judicial Magistrate of First Class, Nadapuram through which the petitioner's request for

release of passport and permission to go abroad was rejected by that Court.

It is noticed that the petitioner was released on bail by the order marked as Annexure A of this Court, whereby this Court had imposed a condition

that the passport shall be surrendered and further that the petitioner shall not leave India without permission of the Court.

The learned counsel for the petitioner submits that the petitioner has a genuine reason to go abroad as he is conducting a business at Qatar and his

presence is required there. He also submits that the trial of the case is not likely to take place in the near future.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor submits that the petitioner is involved in other cases as well and therefore, it would not be in the interest of justice to

allow the request of the petitioner.

In the over all facts and circumstances of the case, I am of the opinion that if the presence of the petitioner can be ensured by imposing any other

condition and if the request of the petitioner is genuine, the petitioner need not be restrained from going abroad especially in the light of the fact that

the trial of the case is not likely to commence in the near future. Therefore, I set aside Annexure B order directing the Judicial Magistrate of the First

Class, Nadapuram to re-consider the matter. The petitioner shall produce such material as may be necessary to show that his request for going abroad

is genuine and for bonafide purpose. The learned Magistrate shall on being convinced of the genuineness of the request of the petitioner pass orders

permitting the petitioner to go abroad after releasing his passport for such time as may be deemed appropriate by the learned Magistrate and imposing

such condition as may be necessary to ensure the presence of the petitioner at the trial of the case.

This Crl.M.C. is disposed of with the above said directions.