Sushil P. V vs State Of Kerala
2021 Latest Caselaw 9675 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       Crl.MC.No.1225 OF 2021(C)

AGAINST THE ORDER/JUDGMENT IN SC 960/2018 DATED 01-10-2020 OF SUB
                        COURT, CHAVAKKAD


PETITIONER/S:

                SUSHIL P. V.
                AGED 38 YEARS
                S/O. VASU, PAKKATH HOUSE, ANJOOR DESOM, CHITTANJOOR
                P. O., KUNNAMKULAM, THRISSUR DISTRICT.

                BY ADVS.
                SRI.SHAJIN S.HAMEED
                SHRI.MELWIN BYJU

RESPONDENT/S:

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

      2         THE REGIONAL PASSPORT OFFICER, COCHIN
                GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS,
                PASSPORT OFFICE, SHIHAB THANGAL ROAD, NEAR IDBI
                CORPORATE BRANCH, PANAMPILLY NAGAR, KOCHI, PINCODE -
                682 036.

      3         EMBASSY OF INDIA, ABU DHABI, UAE
                REPRESENTED BY AMBASSADOR, PLOT NO.10, SECTOR W-
                59/02, DIPLOMATIC AREA, OFF THE SHEIKH RASHID BIN
                SAEED STREET, NEAR TO PEPSICOLA, P. O. BOX 4090, ABU
                DHABI, UNITED ARAB EMIRATES.

                R2 BY ADV. SRI.P.VIJAYAKUMAR

OTHER PRESENT:

                SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1225 OF 2021(C)

                              2


                            ORDER

Dated this the 23rd day of March, 2021

Petitioner is the 1st accused in Crime No.87 of 2018

registered at the Kunnamkulam Police Station for

offences punishable under Section 143, 147, 148, 341,

323, 324, 308 and 506(ii) r/w 149 of IPC.

2. As per the averments in the Crl.M.C, the

petitioner was not in station when the crime was

registered and the investigation was completed without

questioning the petitioner and an absconding charge

was filed. Thereafter, petitioner appeared before the

jurisdictional Court and was granted bail. Later, he left

the country without seeking permission from the Court.

The petitioner is now faced with the predicament of his

passport having expired on 2.08.2020 and the

authorities refusing to re-validate his passport due to

pendency of the criminal proceedings. Though, the

petitioner approached the jurisdictional Court with an

application seeking re-validation of his passport, the Crl.MC.No.1225 OF 2021(C)

prayer was rejected by Annexure C order, finding the

petitioner to have gone abroad without obtaining

permission from the Court.

3. Learned counsel for the petitioner submits that,

if his passport is not re-validated, the petitioner will be

incarcerated at Dubai, which will not benefit the

petitioner or be in the interest of justice.

No doubt, the action of the petitioner of having left

the country without seeking permission from the

jurisdictional Court has to be viewed seriously. At the

same time, this folly on the part of the petitioner need

not result in the petitioner being incarcerated in a

foreign country. Hence, I am inclined to show

indulgence to the petitioner.

4. Learned Central Government Counsel submits

that if permission is granted by this Court and the

application for re-validation of passport submitted by

the authorities will take a favourable decision, subject

to the petitioner satisfying all other requirements. Crl.MC.No.1225 OF 2021(C)

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

the petitioner to submit the application for re-validation

of his passport before the competent person at the

office of the Counsel General in Dubai. On such

application being filed it shall be considered by the

competent officer and the passport re-validated for a

period of two years, subject to the petitioner satisfying

all other requirements. On the passport being re

validated, the petitioner shall return to India and

report before the Assistant Sessions Court, Chavakkad .

On appearance before the jurisdictional court, the

petitioner will be at liberty to move an application

seeking permission to go abroad. If he fails to report

within two months of his order, the jurisdictional Court

shall proceed to issue Look Out Notice against the

petitioner.

Sd/-

V.G ARUN JUDGE

SJ Crl.MC.No.1225 OF 2021(C)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A PHOTOCOPY OF THE RESIDENCE PERMIT ISSUED IN THE NAME OF PETITIONER.

ANNEXURE B PHOTOCOPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE ASSISTANT SESSIONS COURT, CHAVAKKAD.

ANNEXURE C PHOTOCOPY OF THE ORDER DATED 01.10.2020 IN CRL. M.P.NO.235/2020 IN S.C.NO.960/2018 OF THE ASSISTANT SESSIONS COURT, CHAVAKKAD.