Kerala High Court
Unnikrishnan.C.P vs State Of Kerala on 10 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 1854 OF 2026 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 10TH DAY OF MARCH 2026 / 19TH PHALGUNA, 1947
CRL.MC NO. 1854 OF 2026
CRIME NO.1275/2023 OF MEENANGADI POLICE STATION, WAYANAD
AGAINST THE ORDER DATED 10.12.2025 IN CMP NO.2154 OF 2024
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,SULTHANBATHERY
PETITIONER/PETITIONER/ACCUSED NO.13:
UNNIKRISHNAN.C.P,
AGED 23 YEARS
S/O LAKSHMANAN, CHENICHERI PUTHIYA VEEDU @ VALAPPAN
HOUSE, KADAMBERI, KANUL.P.O, MORAZHA VILLAGE,
TALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670562
BY ADVS.
SRI.V.A.SATHEESH
SRI.V.T.MADHAVANUNNI
SRI.M.VIVEK RABINDRANATH
MS.GAYATHRI C.H.
SMT.T.K.SNEHASREE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031
BY SMT.SEETHA S, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 1854 OF 2026 2
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ORDER
Dated this the 10th day of March, 2026 The petitioner is the 13th accused in Crime No.1275/2023 registered by the Meenangadi Police Station, Wayanad, alleging the commission of the offences punishable under Sections 365 and 395 of the Indian Penal Code.
2. The petitioner has stated in the Criminal Miscellaneous Case that he is totally innocent in the above crime. The petitioner was enlarged on bail as per Annexure A1 order of this Court subject to conditions. As per condition No.(iv), the petitioner was directed to surrender his passport before the jurisdictional Court. Consequently, the petitioner surrendered his passport. The petitioner has passed his ITI in Mechanic Diesel from CTC, Kozhikode. The petitioner has completed a training programme in Oil and Gas Rig Technology Course at Coimbatore. He has to attend a further training at Mumbai as evidenced by Annexure A5 communication. Inorder to attend the said training, which CRL.MC NO. 1854 OF 2026 3 2026:KER:21557 is on the off shores of the Country, the petitioner has to hold a passport. Accordingly, the petitioner filed an application before the Court of the Judicial First Class Magistrate-I, Sultan Bathery. But, by Annexure A7 order, the learned Magistrate has dismissed the application. Annexure A7 is ex facie erroneous and unjustifiable. Hence, the Crl.M.C.
3. I have heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.
4. The petitioner was enlarged on bail by Annexure A1 order on 09.02.2024, which is nearly two years back. Admittedly, the investigation in the case is not complete and the Final Report has not been filed. Annexure A5 communication shows that the petitioner has secured a training programme in the off shores at Mumbai and that he requires his passport.
5. Taking into consideration the fact that the petitioner has scrupulously complied with conditions in Annexure A1 order till date, that the investigation in the case has not been completed and there is no likelihood of CRL.MC NO. 1854 OF 2026 4 2026:KER:21557 the trial commencing in the near future, I am of the definite view that the passport of the petitioner is to be returned to him subject to the condition that he files applications before the Trial Court seeking his permanent exemption and also to avail the electronic video linkage in order to ensure that the case progresses even in the absence of the petitioner.
6. Thus, I am satisfied that this is a fit case to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
In the aforesaid circumstances, I allow the Crl.M.C in the following manner:
(i) Annexure A7 order is set aside.
(ii) Condition No.(iv) in Annexure A1 order is deleted. The Trial Court is directed to return the petitioner's passport to him, subject to the condition that he files an undertaking before the Trial Court that he would appear before the Trial Court as and when directed, and also file CRL.MC NO. 1854 OF 2026 5 2026:KER:21557 applications to grant him permanent exemption and avail the electronic video linkage as per the Electronic Video Linkage Rules for Courts (Kerala), 2021.
(iii) If such applications are filed, the Trial Court is directed to consider and dispose the applications following the principles laid down by this Court in Abhil C.R. v. State of Kerala [2025 KHC OnLine 1650] and Rameshan v.
State of Kerala [2025 (6) KHC 545].
(iv) The petitioner shall also file an undertaking that he shall only attend the training programme at the off shore and shall not leave the country without the previous permission of the jurisdictional Court. Sd/-
C.S.DIAS, JUDGE
NAB
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APPENDIX OF CRL.MC NO. 1854 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE ORDER IN B.A. NO.
923/2024 OF THIS HON'BLE COURT DATED 9-2- 2024 ANNEXURE A2 A TRUE COPY OF THE 1ST PAGE OF THE PASSPORT OF THE PETITIONER ANNEXURE A3 A TRUE COPY OF THE PLUS TWO IMPROVEMENT SCORE SHEET DATED 30-9-2019 ISSUED TO THE PETITIONER ANNEXURE A4 A TRUE COPY OF THE NATIONAL TRADE CERTIFICATE DATED 10-3-2022 ISSUED TO THE PETITIONER ANNEXURE A5 . A TRUE COPY OF THE E MAIL MESSAGE SENT TO THE PETITIONER BY AYANA RAJ BLITZ ACADEMY, MUMBAI DATED 16-8-2025 ANNEXURE A6 A TRUE COPY OF THE PETITION IN CMP NO.
2154/2025 FILED BY THE PETITIONER BEFORE THE JFCM COURT, SULTHAN BATHERI, DATED 20.9.2025 ANNEXURE A7 . A CERTIFIED COPY OF THE ORDER IN CMP.NO.2154/2025 IN CRIME NO. 1275/2023 OF MEENANGADI POLICE STATION PASSED BY THE JFCM COURT-I, SULTHAN BATHERY, DATED 10-12- 2025