The petitioner herein is the sole accused in Crime No. 1007/2014 of the Noornadu Police Station, registered under Sections 420 and 508 IPC, and Section 118(e) of the Kerala Police Act. He was granted bail on certain conditions by the learned Judicial First Class Magistrate Court-II, Mavelikkara. One of the conditions is that he shall surrender his passport before court. Now, it is submitted that the investigation is over, and the police has filed final report. Pending the proceedings, the petitioner approached the learned Magistrate in CMP No.5255/2014 for releasing the passport. His purpose is to go to Saudi Arabia for 'Umrah' pilgrimage. The learned Magistrate dismissed the said application by order dated 14.10.2014. The said order is under challenge. 2. On hearing both sides, I find that the passport can be released to the petitioner for a short period of four months, on certain conditions. He will have to make security deposit of Crl.M.C.. No. 7057/2014 2 Rs.15,000/- as a condition for releasing the passport for four months. In case, he failed to surrender the passport after four months, the learned Magistrate can proceed to cancel the bail.
In the result, this petition is allowed. The court below is directed to release the petitioner's passport for a period of four months, on condition that he shall make a security deposit Rs.15,000/- in court. After four months, the passport shall be surrendered in court, on failure of which steps shall be taken by the court below to cancel the bail. If passport is required for any other purpose later, the petitioner can approach the learned Magistrate with convincing reasons.
Sd/-
P. UBAID, JUDGE sd