Kerala High Court
Kamarudeen vs State Of Kerala on 18 March, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940
Crl.MC.No. 1013 of 2019
AGAINST THE ORDER/JUDGMENT IN CP 66/2016 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, VARKALA
CRIME NO. 129/2015 OF KADAKKAVOOR POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/S:
KAMARUDEEN, AGED 46 YEARS, S/O. ABDUL KHALAM,
K.V HOUSE, KATTUVILA VEEDU, MANANAKKU,
PERUMKULAM, KEEZHATTINGAL VILLAGE,
THIRUVANANTHAPURAM.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 THE REGIONAL PASSPORT OFFICER,
TRIVANDRUM, GOVERNMENT OF INDIA, MINISTRY OF
EXTERNAL AFFIARS, PASSPORT OFFICE, SNSM
BUILDING, KARALKADA JUNCTION, PETTAH P.O,
THIRUVANANTHAPURAM PIN CODE 695 024.
BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR
R1 , SRI.P.VIJAYAKUMAR,ASGI FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.03.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No. 1013 of 2019
..2..
ALEXANDER THOMAS, J.
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Crl.M.C. No. 1013 of 2019
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Dated this the 18th day of March, 2019
ORDER
The petitioner is the sole accused in SC No. 30 of 2017 on the file of the Assistant Sessions Court, Attingal taken cognizance for offences punishable under Sections 324, 326 & 333 of the IPC based on the final report submitted in Crime No. 129 of 2015 of Kadakkavoor Police Station. Earlier, in the crime stage, the learned magistrate had dismissed the application of the petitioner for renewal of passport and thereupon the petitioner had approached this Court and Annexure A order dated 21.07.2015 was passed by this Court in Crl.M.C. No. 4348 of 2015 whereby the second respondent herein, Regional Passport Officer, Thiruvananthapuram, was directed to consider the application of the petitioner for renewal of the passport notwithstanding the pendency of the crime and after renewal of the passport, the second respondent, Regional Passport Officer, was directed to keep the original passport. Pursuant to Annexure A order, Crl.MC.No. 1013 of 2019 ..3..
the passport of the petitioner was renewed for a period of two years from 06.08.2015, which expired on 05.08.2017; it is averred. Thereafter, the petitioner filed an application before the learned magistrate (Judicial First Class Magistrate Court-I, Varkala), who was dealing with Crime No. 129 of 2015 of Kadakkavoor Police Station, seeking permission to travel abroad, which was rejected by the said court. The said rejection to grant permission to travel abroad was challenged by the petitioner by filing Crl.M.C. No. 3813 of 2016, in which Annexure C order dated 05.08.2016 was passed, whereby this Court had granted permission to the petitioner to go abroad for a period of one year. In compliance of Annexure C order, the passport of the petitioner was released to him to travel abroad. It is stated that in the meanwhile, the case against the petitioner was committed to the Sessions Court, where it has been numbered as SC No.30 of 2017 on the file of the Assistant Sessions Court, Attingal. After returning from abroad, the petitioner surrendered his passport before the Judicial First Class Magistrate Court-I, Varkala and the passport is still with the custody of the said court; it is averred. Now, the petitioner's passport has expired on 05.08.2017 and he seeks direction to the learned magistrate to return the passport for renewal and direction to the second respondent, Regional Passport Officer, to Crl.MC.No. 1013 of 2019 ..4..
renew his passport.
2. Having regard to the facts and circumstances, it is ordered that in case the original of the passport is now with the Judicial First Class Magistrate Court-I, Varkala, who was dealing with Crime No. 129/2015 of Kadakkavoor Police Station, and the validity period of the said passport has now expired, the learned magistrate will immediately forward the said passport to the second respondent, Regional Passport Officer, for taking action for renewal of the passport. The petitioner may file a proper application before the second respondent, Regional Passport Officer, for renewal of the passport. The second respondent, on receipt of the original passport and the application of the petitioner for renewal, will consider the plea of the petitioner for renewal of the said passport and then may take necessary action thereon in accordance with the rules. After finalizing the action thereon, the second respondent will forward the original of the passport to the Assistant Sessions Court, Attingal, who is now dealing with SC No. 30/2017, who may keep custody of the passport.
3. The Judicial First Class Magistrate Court-I, Varkala will forward the original passport of the petitioner by registered speed post to the second respondent without much delay, preferably within a period of Crl.MC.No. 1013 of 2019 ..5..
six weeks from the date of receipt of a copy of this order. With these observations and directions, this Crl.M.C. is accordingly disposed of.
Sd/-
ALEXANDER THOMAS JUDGE bka/ APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A PHOTOCOPY OF THE ORDER DATED
21/07/2015 IN CRL.M.C NO. 4348/2015 OF
THIS HONOURABLE COURT,
ANNEXURE B PHOTOCOPY OF THE RELEVANT PAGES OF THE
PASSPORT OF PETITIONER.
ANNEXURE C PHOTOCOPY OF THE ORDER DATED
05/08/2016 IN CRL.M.C NO. 3813/2016 OF
THIS HONOURABLE COURT.
ANNEXURE D PHOTOCOPY OF THE ORDER DATED
25/08/2016 IN CMP NO. 6158/2016 IN C.P
NO. 66/2016 OF THE JUDICIAL 1ST CLASS
MAGISTRATE COURT-1, VATAKALA.
ANNEXURE E PHOTOCOPY OF THE ORDER DATED
29/09/2016 IN CRL.M.A NO. 9954/2016 IN
CRL.M.C NO. 3813/2016 OF THIS
HONOURABLE COURT.