Suneer vs State of Kerala

M. Sasidharan Nambiar, J.—Petitioner, one of the accused in O.R. No. 4/2010 of Kuttiady Forest Range, registered for the offences under Sections 2(16), 2(36) and 9 read with Section 51 of Wildlife Protection Act, was granted bail under Annexure-A1 order on conditions. One of the conditions was that he shall surrender the passport. Accordingly, Petitioner surrendered the passport. He, later filed Crl.M.P. No. 2986/2010 before Sessions Court, Kozhikode to release the passport contending that he has just completed B. Com. degree and his relatives have arranged a visa and therefore, he has to go to Doha. By Annexure-A2 order, learned Sessions Judge dismissed the petition. This petition is filed u/s 482 of Code of Criminal Procedure to quash Annexure-A2 order and to release the passport.

Learned Counsel appearing for the Petitioner and learned Public Prosecutor were heard.

Learned Counsel submitted that Petitioner has completed B. Com. degree and his relatives have arranged a visa and to proceed to Doha, his passport is required. No material is produced in support of the claim. In such circumstances, I do not find any reason to interfere with Annexure-A2 order. But, it is made clear that if Petitioner produces relevant materials in support of his claim, dismissal of Crl.M.P. No. 2986/2010 will not be a bar to seek release of the passport. If any such application is filed before the Magistrate, Magistrate to pass appropriate order, in accordance with law.

Petition is disposed.