Ajil vs The Regional Passport Officer
2021 Latest Caselaw 4874 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                      Crl.MC.No.10 OF 2021(A)

AGAINST THE ORDER/JUDGMENT IN CC 34/2020 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS ,NEDUMKANDOM


PETITIONER/3RD ACCUSED:

             AJIL
             AGED 30 YEARS
             S/O. SHAJI, MADUKKOLIL HOUSE, ADUKIDANTHAN BHAGAM,
             UDUMBANCHOLA KARA, CHATHURANGAPPARA VILLAGE,
             UDUMBANCHOLA TALUK, IDUKKI DISTRICT.

             BY ADVS.
             SHRI.GEORGE SEBASTIAN
             SRI.PREMSON PAUL

RESPONDENTS/RESPONDENTS:

      1      THE REGIONAL PASSPORT OFFICER
             THE REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD,
             NEAR IDBI CORPORATION BRANCH, PANAMPILLY NAGAR, KOCHI
             , PIN - 682036.

      2      THE STATION HOUSE OFFICER,
             SANTHANPARA POLICE STATION, MUNNAR - KUMILY HWY,
             SANTHANPARA, IDUKKI DISTRICT, PIN - 685619.

             R1 BY ADV. SRI.P.VIJAYAKUMAR

OTHER PRESENT:

             SR.PP-SRI.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.10 OF 2021
                                      2




                              ORDER

Dated this the 10th day of February 2021

The petitioner is the 3rd accused in C.C

No.34/2020 pending before the Judicial First Class

Magistrate, Nedumkandam. The offences alleged

against the petitioner and other accused are under

Sections 294 (b), 506 (i), 323, 324 and 326 r/w 34 of

the IPC. Pending the case, the petitioner moved an

application seeking permission for issuance of

passport for the purpose of going abroad. By

Annexure-F, the jurisdictional court has rejected the

prayers finding that, if allowed to leave the country, it

may not be possible to secure the petitioner's

presence at the time of trial.

2. Learned Counsel for the petitioner

submits that the petitioner had a valid passport,

which was cancelled by the authorities when he

applied for a new passport. A new passport was

applied for, since he want to incorporate his wife's CRL.M.C.NO.10 OF 2021

name, which was not included in the original

passport. The petitioner's case is that his wife will be

able to go abroad, only if her name is incorporated as

his spouse in the passport. It is submitted that the

petitioner has no intention of going abroad

immediately.

3. Learned Central Government Counsel

submits that the petitioner cannot seek renewal of his

passport after incorporating fresh details, and can

only apply for fresh passport, that too subject to the

orders of the Court before which the case against him

is pending. In this regard, attention is drawn to

Section 6 (2) (f) of the Indian Passport's Act and GSR

570(E) issued by the Government of India.

4. Learned Counsel for the petitioner

relied on the decision of this Court in Asok Kumar

Vs. State of Kerala 2009 (2) KLT 712 and

Mohammed Vs. State of Kerala 2012 (4) KLT 658,

to contend that mere pendency of a criminal case is

no reason to deny passport and permission to go CRL.M.C.NO.10 OF 2021

abroad.

5. I find substance in the contentions

urged by the learned Counsel. The petitioner having

made it clear that he has no intention of going

abroad, the apprehension that the petitioner may

abscond, is misplaced.

In the result, the Crl.M.C. is disposed of

directing the first respondent to process the

petitioner's application and issue passport to him with

validity of two years, provided the application is in

order. The submission made on behalf of the

petitioner that he has no intention to go abroad

immediately is recorded. If, at a later stage, the

petitioner wants to go abroad, he shall do so only

after obtaining permission from the Jurisdictional

Court.

Sd/-

V.G.ARUN

JUDGE NB CRL.M.C.NO.10 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A A TRUE COPY OF THE RELEVANT EXTRACT OF THE PASSPORT OF THE PETITIONER.

ANNEXURE B A TRUE COPY OF THE RELEVANT EXTRACT OF THE PASSPORT OF THE PETITIONERS WIFE.

ANNEXURE C A TRUE COPY OF THE COMMUNICATION DATED 25.11.2020 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 1ST RESPONDENT.

ANNEXURE D A TRUE COPY OF THE APPLICATION DATED 03.12.2020 IN CMP NO. 2001/2020 IN CC NO.34/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDAM.

ANNEXURE E A TRUE COPY OF THE AFFIDAVIT DATED 18.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE COURT BELOW.

ANNEXURE F A TRUE COPY OF THE ORDER DATED 22.12.2020 IN CMP NO. 2001/2020 IN CC NO. 34/2020 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDAM.

ANNEXURE G A TRUE COPY OF THE REPLY DATED 02.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE OFFICE OF THE FIRST RESPONDENT