2025:KER:29509 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 CRL.MC NO. 1830 OF 2025 CRIME NO.288/2024 OF KAYAMKULAM POLICE STATION, ALAPPUZHA AGAINST THE ORDER DATED 17.12.2024 IN CMP NO.6515 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KAYAMKULAM PETITIONER/PETITIONER/ACCUSED NO.6: NIRMAL SUBASH AGED 25 YEARS S/O SUBASH, AKSHAYA, GOVINDAMUTTOM P.O, KAYAMKULAM,PUTHUPALLY, PIN - 690527 BY ADVS. SRINATH C.V. PRABHU B.M. GAYATHRI RAJAGOPAL RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SRI. E.C. BINEESH (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.1830 of 2025 2025:KER:29509 - 2 - C. JAYACHANDRAN, J. ------------------------------------ Crl.M.C. No.1830 of 2025 ------------------------------------ Dated, this the 03rd day of April, 2025 ORDER The petitioner herein is the 6th accused in Crime no.288/2024 of Kayamkulam Police Station, Alappuzha. The petitioner is aggrieved by the Order dated 17.12.2024, which sought for modification of bail condition. The petitioner sought for return of his passport, which was produced before the trial court in compliance of the bail condition. According to the petitioner, he stands in need of going abroad in the pursuit of his employment. On such premise, he sought for return of his passport. However, the trial court dismissed the application stating that the case is still under investigation and that the petitioner’s presence will be required for committal proceedings. Crl.M.C.No.1830 of 2025 2025:KER:29509 - 3 - 2. This Court directed the learned Public Prosecutor to ascertain the stage of the investigation. In compliance thereof, it was submitted that the investigation is over and the final report has already been filed. 3. In the circumstances, there will be a direction to the trial court to complete the committal proceedings within a period of one month. Once the committal proceedings are over, the learned Sessions Judge will consider the matter. If the appearance of the petitioner is essential, the petitioner shall appear before the trial court immediately. Thereafter, it will be open for the petitioner to file necessary application before the Sessions Court seeking return of passport. The same will be considered in accordance with law by the learned Sessions Judge, especially taking into account the fact that the investigation is over, final report is filed and committal proceedings are over. Learned Sessions Judge will also take into account the aspect that the matter cannot be brought Crl.M.C.No.1830 of 2025 2025:KER:29509 - 4 - for the trail in the immediate future, wherefore, the petitioner cannot be deprived of his livelihood. The Criminal Miscellaneous Case is disposed of with the above directions. Sd/- C. JAYACHANDRAN JUDGE SKP/03-04 Crl.M.C.No.1830 of 2025 2025:KER:29509 - 5 - APPENDIX OF CRL.MC 1830/2025 PETITIONER’S ANNEXURES: ANNEXURE 1 A TRUE COPY OF THE FIR IN CRIME NO. 288/2024 OF KAYAMKULAM POLICE STATION DATED 09/03/2024 ANNEXURE 2 A TRUE COPY OF THE ORDER IN BA NO:2646/2024 DATED 08/07/2024 ANNEXURE 3 A CERTIFIED COPY OF ORDER DATED 17/12/2024 DISMISSING CMP NO: 6515/2024 FILED FOR MODIFYING BAIL CONDITION RESPONDENTS' ANNEXURES: NIL TRUE COPY P.A. TO JUDGE