Kerala High Court
Aji vs State Of Kerala
Author: C.K. Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
FRIDAY, THE 22ND DAY OF APRIL 2016/2ND VAISAKHA, 1938
Crl.MC.No. 1289 of 2016 ()
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(AGAINST THE ORDER DATED 15-12-2015 IN CMP 2880/2015
IN CC No. No.1823/2015 of J.M.F.C.-II, ATTINGAL)
PETITIONER/1ST ACCUSED:
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AJI,
AGED 32 YEARS, S/O. ANANDAN,
CHAYAM, VITHURA, THIRUVANANTHAPURAM
BY ADV. SRI.M.R.SARIN
RESPONDENTS/STATE:
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1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM
2. REGIONAL PASSPORT OFFICERS
PASSPORT OFFICE, THIRUVANANTHAPURAM 695 001.
3. THE SUB INSPECTOR OF POLICE
MANGALAPURAM POLICE STATION, TRIVANDRUM 695 001.
R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R1 & R2 BY PUBLIC PROSECUTOR SRI. A. MOHAMMED SAVAD
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-04-
2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AMG
Crl.MC.No. 1289 of 2016 ()
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APPENDIX
PETITIONER'S ANNEXURES
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ANNEXURE A1 - THE TRUE COPY OF THE CMP NO 2880/15 IN CC NO 1823/15 ON
THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT II,
ATTINGAL.
ANNEXURE A2 - THE CERTIFIED COPY OF THE ORDER IN CMP NO 2880/15 IN
CC NO 1823/15 ON THE FILE OF JUDICIAL FIRST CLASS
MAGISTRATE COURT II ATTINGAL.
RESPONDENTS' EXHIBITS
NIL
True copy
P.A. To Judge
AMG
C.K. ABDUL REHIM, J.
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Crl. M.C. No. 1289 OF 2016
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DATED THIS THE 22nd DAY OF APRIL, 2016.
O R D E R
Challenge is against the order passed by the Judicial First Class Magistrate-II, Attingal in CMP No.2880/2015 in CC No.1823/2015. Through the impugned order, the learned Magistrate had rejected an application filed by the petitioner herein, who is first accused before the court below, seeking direction to the Passport authorities to renew his Passport. The petitioner had already taken bail in the case in question from the Magistrate Court. According to him, the renewal of Passport is required for securing him a job abroad. The application before the court below was opposed by the prosecution contending that, if the petitioner is permitted to go abroad it would adversely affect trial of the case. Accepting such objections, the learned Magistrate found that the request for permanent exemption as well as request to permit the petitioner to go Crl. M.C. No.1289/2016 -2- abroad cannot be allowed. Learned Magistrate observed that, the petitioner has not given any undertaking to ensure his presence before the court below.
2. Learned counsel for the petitioner contended that, rejection of the request made for permitting renewal of the Passport and the rejection of the request to permit the petitioner to go abroad, is not founded on legal and sustainable reasons. He has placed reliance on a decision of this court in Asok Kumar V. State of Kerala (2009 (2) KLT 712).
3. Heard; Public Prosecutor appearing for respondents 1 and 3. This court is of the considered opinion that the rejection of the request to permit renewal of the Passport cannot be justified. It is for the Magistrate Court to decide the question of permitting the petitioner to go abroad, depending on the facts and circumstances prevailing at the time when he proposes such journey. Merely because he is implicated as accused in a criminal case, renewal of his Passport cannot be denied. It is for the Crl. M.C. No.1289/2016 -3- Magistrate Court to consider the question of permitting the accused to go abroad after renewal of the Passport, depending on the stage of the trial of the case.
4. Therefore the impugned order passed by the Judicial First Class Magistrate Court-II, Attingal in CMP No.2880/2015 in CC No.1823/2015 is hereby set aside. The Regional Passport Officer is directed to renew the Passport of the petitioner if he is otherwise eligible and the application is proper and sustainable. The petitioner shall surrender the renewed Passport before the Magistrate Court, as and when obtained.
5. It will be left open to the petitioner to seek permission of the Magistrate Court for leaving the country for any purpose, by filing appropriate application.
The above Crl. M.C is disposed of accordingly.
Sd/-
C.K. ABDUL REHIM JUDGE AMG True copy P.A. to Judge