Citation : 2021 Latest Caselaw 13271 Ker
Judgement Date : 24 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
CRL.MC NO. 2684 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 274/2009 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, PARAVUR, KOLLAM
PETITIONER/S:
SAJEEV
AGED 45 YEARS
S/O. RAMACHANDRAN PILLAI, RAJEEV BHAVAN, MAMPALLIKUNNAM,
KOIPPADU CHERI, MEENADU VILLAGE, CHATTHANNOOR, KOLLAM-691
334
BY ADV M.R.SASITH
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
OTHER PRESENT:
SMT.M.K.PUSHPALATHA-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.MC NO. 2684 OF 2021
2
O R D E R
Dated this the 24th day of June 2021
The petitioner is the 4th accused in C.C.No.274/2009 on
the files of the Judicial First Class Magistrate Court,
Paravur, for having allegedly committed the offences
punishable under Sections 143, 147, 341, 323 and 332 read
with Section 149 of the I.P.C.
2. The petitioner was released on bail on the condition
that he shall not go abroad. Thereafter, his passport
expired and he sought permission to get the passport
renewed. The trial Court as per Order at Annexure A1
allowed his application and the passport was directed to be
renewed with a validity of one year.
3. The applicant submits that he intends to go to
Scotland for a job. But for purpose of issuance of a visa,
the passport should have at least two years. The applicant
is willing to abide by any condition that may be imposed. CRL.MC NO. 2684 OF 2021
Under the circumstances, he has approached this Court for
indulgence.
4. Heard the learned Counsel for the petitioner and the
learned Public Prosecutor.
5. The petitioner has been granted permission to go
abroad. But a passport with a validity of one year, may
not suffice to get a visa to go abroad. Hence, the Order
passed by the learned Magistrate will not serve any purpose
to accomplish his desire.
Under the above circumstances, the Crl.M.C. is allowed
and the Order of the learned Magistrate is modified and the
Passport Officer is directed to issue a passport having a
validity of at least two years and the rest of the
conditions imposed by the learned Magistrate shall
continue.
Sd/-
ASHOK MENON JUDGE dkr CRL.MC NO. 2684 OF 2021
APPENDIX OF CRL.MC 2684/2021
PETITIONER ANNEXURE
ANNEXURE A1 THE TRUE COPY OF THE ORDER IN CMP NO. 99/2021 IN CC NO. 274/2009 BY THE JFCM, S. PARAVUR DATED 25.03.2021.
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