Riyas vs The State Of Kerala
2021 Latest Caselaw 11791 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                     Crl.MC.No.1456 OF 2021(B)

  AGAINST THE ORDER/JUDGMENT IN SC 1542/2014 DATED 13-01-2021 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, THIRUVANANTHAPURAM

 CRIME NO.762/2013 OF ARYANAD POLICE STATION, THIRUVANANTHAPURAM


PETITIONER/8TH ACCUSED:

             RIYAS
             AGED 38 YEARS
             S/O SIRAJUDEEN,
             MANGAVIL THOTTARIKATHU VEEDU, 8/263, PLIMOODU,
             THOLIKODE P.O, THIRUVANANTHAPURAM.

             BY ADV. SRI.V.A.VINOD

RESPONDENTS/STATE AND COMPLAINANT:

      1      THE STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682031.

      2      THE STATION HOUSE OFFICER,
             ARYANAD POLICE STATION, NWEDUMANGAD,
             THIRUVANANTHAPURAM-695542.

      3      INSPECTOR OF POLICE
             VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM-
             695008.

      4      THE PASSPORT OFFICER,
             REGIONAL PASSPORT OFFICE, TRIVANDRUM, SNSM BUILDING,
             KARALKADA JUNCTION, PETTAH P.O, THIRUVANANTHAPURAM-
             695024.


OTHER PRESENT:

             PP T.R.RENJITH;ASGI P.VIJAYAKUMAR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.1456 OF 2021
                                       2




                               ORDER

Dated this the 9th day of April 2021

Petitioner is the 8th accused in Crime

No.762/2013 of Aryanad Police Station, registered for

offences punishable under Sections 143, 147, 148,

149, 341, 323, 324, 326 and 307 of I.P.C. This

Criminal M.C. is filed aggrieved by the order

dismissing petitioner's application for renewal of

passport by the jurisdictional court.

2. I find no reason to interfere with the

impugned order, since rejection is on the ground that

the application was filed by the petitioner's father. At

the same time, being stuck abroad without a valid

passport, the petitioner may end up in jail in Saudi

Arabia, unless permitted to return to India.

3. Learned Counsel representing the ASGI

submits that the petitioner can approach the Indian

Embassy in Saudi Arabia with an application for

issuance of Emergency Certificate, which will enable CRL.M.C.NO.1456 OF 2021

him to return to India, even if his passport is not

valid.

4. Hence, the Criminal M.C. is disposed of,

permitting the petitioner to approach the competent

officer in the Embassy of India at Riyadh with an

application seeking issuance of Emergency Certificate.

If the Emergency Certificate is issued, the petitioner

shall return immediately and appear before the

jurisdictional court within two weeks of reaching

India. The petitioner shall surrender his passport in

court and thereafter make an application for

revalidation of the passport. In such event, the

learned Magistrate shall consider the application and

pass appropriate orders thereon, as expeditiously as

possible.

The Criminal M.C. is disposed of accordingly.

Sd/-

V.G.ARUN

JUDGE

NB/09.04.21 CRL.M.C.NO.1456 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-I TRUE COPY OF THE CRL.MP.NO.49/2021.

ANNEXURE-II TRUE COPY OF THE ORDER IN CRL.M.P.NO.49/2021 DATED 13.01.2021.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE