Kerala High Court
Liju Rajan vs State Of Kerala on 6 November, 2025
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 9709 OF 2025
1
2025:KER:84267
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 6TH DAY OF NOVEMBER 2025 / 15TH KARTHIKA, 1947
CRL.MC NO. 9709 OF 2025
CRIME NO.1332/2019 OF Aranmula Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT DATED 24.03.2025 IN CC NO.975 OF
2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA
PETITIONER/S:
LIJU RAJAN
AGED 36 YEARS
S/O RAJAN THOMAS, VADAKARAPUTHEN VEEDU, PARIYARAM,
ELANTHOOR PATHANAMTHITTA, PIN - 689643
BY ADVS.
SMT.P.PARVATHY
SMT.S.SETHU LEKSHMI
SHRI.ELDHO.N.MONCY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE REGIONAL PASSPORT AUTHORITY
PASSPORT OFFICE THIRUVANANTHAPURAM, SNSM BUILDING, 4TH
FLOOR, KATHAMUKKU, PETTA ROAD, NEAR PASSPORT OFFICE,
THIRUVANANTHAPURAM, PIN - 695024
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SR.PP.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.11.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9709 OF 2025
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2025:KER:84267
C.S.DIAS, J.
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Crl.M.C. No.9709 OF 2025
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Dated this the 6th day of November, 2025
ORDER
The petitioner is the accused in C.C.No.975/2019 on the file of the Court of the Judicial First Class Magistrate-I, Pathanamthitta, which has arisen from Crime No.1332/2019 registered by the Aranmula Police Station, Pathanamthitta alleging commission of the offences punishable under Sections 447, 341 and 323 read with Section 34 of the Indian Penal Code.
2. The petitioner has been enlarged on bail and has been regularly attending the Court. The petitioner has received Annexure III offer letter to pursue an employment in Canada, where his wife is employed. Since the case is pending, the petitioner had filed an application before the Trial Court seeking permission to travel abroad and to direct the Regional Passport Officer to issue a passport. By Annexure I order, the Trial Court allowed the application, CRL.MC NO. 9709 OF 2025 3 2025:KER:84267 granting the petitioner permission to apply for a passport having a validity of only one year. The said condition is unreasonable because if at all the petitioner has to travel abroad, he has to have a passport having a validity of atleast three years. Moreover, the Trial Court has already granted permanent exemption to the petitioner subject to the condition that he files an affidavit that he shall not dispute his identity, that his Counsel would be present in Court for an on his behalf and has no objection in taking evidence in his absence subject to the condition that his Counsel is present as contemplated under Section 317 of the Code of Criminal Procedure ('Cr.P.C.', in short). Similarly, the petitioner shall also file an affidavit stating that he shall not take the plea that the evidence was recorded in his absence. In the above backdrop, this Court may modify the condition in Annexure I order limiting the petitioner's passport validity to one year.
3. I have heard the learned Counsel for the petitioner, the learned Public Prosecutor and the learned DSGI appearing for the 2nd respondent.
4. By Annexure I order, the Trial Court has granted CRL.MC NO. 9709 OF 2025 4 2025:KER:84267 permission to the petitioner to apply for a passport having validity of one year. Subsequently, by Annexure II order the Trial Court has granted exemption to the petitioner from personally appearing before the Court until further orders, subject to the condition that he shall not dispute his identity, files an undertaking that his Counsel would appear on his behalf and that he would not dispute that the trial was taken in his absence.
5. Annexure III call letter shows that the petitioner has been offered an employment in Canada and Annexure IV document shows that the petitioner requires a passport having validity of more than six months beyond the intended duration of stay in Canada. The petitioner contends that he would require atleast three years time to pursue his employment in Canada.
6. Going by the law laid down in Alex C. Joseph v. State of Kerala & Ors. (2025 (1) 174), Abhil C.R. v. State of Kerala (2025 KHC 1650) and Ramesan v. State of Kerala (2025 (6) KHC 545) this Court has categorically held that the accused persons can be permitted to participate in the trial by availing CRL.MC NO. 9709 OF 2025 5 2025:KER:84267 the electronic video linkage as per the Electronic Video Linkage Rules for Courts (Kerala), 2021 ('Rules', in short) to record their answers to Section 351 BNSS questioning. In light of the above exposition of law and the fact that the petitioner's personal presence is not at all required to proceed with the trial, I don't find any legal impediment in directing the 2nd respondent to reissue a passport in favour of the petitioner having a validity of three years, subject to the petitioner submitting a requisite application in accordance with law. If such application is filed, the 2 nd respondent shall process the application and issue the passport having a validity of three years.
In the aforesaid circumstances, I dispose of the Crl.M.C. in the following manner:
(i) Condition No.1 in Annexure I order is modified by directing the 2nd respondent to extend the validity of the petitioner's passport by a period of three years by issuing a fresh passport in accordance with law.
(ii) The petitioner shall produce a copy of the reissued passport and file an application before the Trial Court CRL.MC NO. 9709 OF 2025 6 2025:KER:84267 undertaking to avail the electronic video linkage as contemplated under the Rules, if his appearance is required.
(iii) The Trial Court is also directed not to insist the petitioner's personal appearance until it is necessary.
sd/-
C.S.DIAS, JUDGE rkc/06.11.25 CRL.MC NO. 9709 OF 2025 7 2025:KER:84267 APPENDIX OF CRL.MC 9709/2025 PETITIONER ANNEXURES Annexure I TRUE COPY OF THE ORDER DATED 24.03.2025 IN CRL.M.P NO. 948 OF 2025 IN CC NO. 975 OF 2019 ON THE FILES OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE - I, PATHANAMTHITTA Annexure II TRUE COPY OF THE ORDER DATED 04.06.2025 IN C.M.P NO. 1895/2025 IN CC NO. 975 OF 2019 ON THE FILES OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE - I, PATHANAMTHITTA Annexure III TRUE COPY OF THE OFFER LETTER DATED 25.10.2025 Annexure IV TRUE COPY OF THE LETTER DATED 25.10.2025 ISSUED BY THE VISA AGENCY OF THE PETITIONER. Annexure V TRUE COPY OF THE INSURANCE CARD ISSUED IN FAVOUR OF THE PETITIONER.