Kerala High Court
Lineesh Kumar vs The State Of Kerala on 18 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
Crl.MC.No.1422 OF 2021(G)
AGAINST THE ORDER/JUDGMENT IN CC 1010/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II,NEDUMANGAD
CRIME NO.203/2019 OF VATTIYOORKAVU POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
LINEESH KUMAR
AGED 40 YEARS
S/O PADMAVATHI.P,PADMALAYAM,PARAVANTHALA,
NUT STREET.P.O,VATAKARA,KOZHIKODE DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENTS/STATE, COMPLAINANT & PASSPORT ISSUING AUTHORITY:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,
KOCHI-682031.
2 THE STATION HOUSE OFFICER,
VATTIYOORKAVU POLICE STATION,
TRIVANDRUM DISTRICT,PIN-695013.
3 THE REGIONAL PASSPORT OFFICER,
THE REGIONAL TRANSPORT OFFICE,
SNSM BUILDING,3,4TH FLOOR,
KAITHAMUKKU PETTA ROAD,TRIVANDRUM,
PIN-695024.
R3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
OTHER PRESENT:
PP T.R.RENJITH FOR R1,2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.1422 OF 2021
2
ORDER
Dated this the 18th day of March 2021
This Criminal M.C. highlights the predicament of
the petitioner, who is presently stranded at Dubai in
UAE, due to the expiry of his passport on 05.02.2021.
The short facts are as under;
The petitioner is the accused in Crime
No.203/2019 of Vattiyoorkavu Police Station,
registered for offences punishable under Sections 6 &
7 of the Passport Act, 1967. The petitioner went
abroad after obtaining permission from the
jurisdictional Magistrate court. Though the validity of
his passport was only till 05.02.2021, petitioner could
not return to India before expiry of the validity period
due to the travel restrictions imposed, consequent to
the spread of COVID-19 Pandemic. Circumstances
being such, the petitioner's mother moved an
application before the jurisdictional court, seeking
CRL.M.C.NO.1422 OF 2021
revalidation of her son's passport for a period of three
years. That petition stands rejected by Annexure-A
order. Hence the Criminal M.C.
2. Advocate K Rakesh, learned Counsel for the
petitioner, the petitioner is seeking revalidation of his
passport for the purpose of returning to India and
submitting a proper an application before the
jurisdictional court. It is submitted that unless the
the passport is revalidated, the petitioner will have to
face incarceration at Dubai.
3. Shri. Suvin R Menon, learned Central
Government Counsel, pointed out that in instances
like the one at under consideration, Consul General is
empowered to issue an Emergency Travel Document
which would enable an Indian Citizen to return to
India.
4. Being so, the petitioner have a remedy of
approaching the Consul General at Dubai with an
appropriate application pointing out his predicament
and seeking the issuance of Emergency Travel
CRL.M.C.NO.1422 OF 2021
Document, enabling him to return to India. If such a
request is made, there can be no impediment in
issuing the Emergency travel Document, if, the
petitioner satisfies all necessary requirements.
In the result, the Criminal M.C. is disposed of,
permitting the petitioner to submit an application for
issue of emergency Travel Document for the purpose
of his return to India. If the Document is issued, the
petitioner shall come down to India immediately, and
surrender his passport before the court and submit an
application seeking revalidation of his passport.
Thereupon, the learned Magistrate shall consider the
application and pass appropriate orders thereon, as
expeditiously as possible.
Sd/-
V.G.ARUN
JUDGE
NB/18.03.2021
CRL.M.C.NO.1422 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE ORDER DATED 20.2.2021
IN C.M.P.NO.332/2021 IN C.C.NO.1010/2019 OF
THE J.F.C.M.-II,NEDUMANGAD.
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
