O.P.Ashraf vs The State Of Kerala
2022 Latest Caselaw 9942 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
          Wednesday, the 31st day of August 2022 / 9th Bhadra, 1944
             CRL.M.APPL.NO.1/2022 IN CRL.REV.PET NO. 866 OF 2012
        CRA 15/2005 OF ADDITIONAL SESSIONS COURT (ADHOC), THALASSERY
      CC 288/2002 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANNUR
PETITIONER/REVISION PETITIONER:

     O.P.ASHRAF, S/O MUHAMMEDKUNHI, MUNDERI, P.O., EACHOOR, KANNUR
     DISTRICT.

RESPONDENTS/RESPONDENTS:

  1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM-682031.
  2. THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR-670
     001.
  3. ADDL R3 THE PASSPORT OFFICER REGIONAL PASSPORT OFFICE, ERANHIPALAM,
     KOZHIKODE
  4. ADDL R4 THE CONSULATE GENERAL OF INDIA JEDDAH, THROUGH MINISTRY OF
     EXTERNAL AFFAIRS DEPARTMENT, A-WING, JAWAHARLAL NEHRU BHAWAN, 23-D,
     JANPATH, REPRESENTED BY ITS SECRETARY, NEW DELHI - 110 011

     Application praying that in the circumstances stated therein the
High Court be pleased to issue a direction to the Additional respondent 3
to renew the passport bearing No. V3658348 issued to the petitioner for a
further period of 2 years in the interest of justice.
     This Application coming on for orders upon perusing the application
and this court's previous order dated 12.01.2022 in Crl.M.A 1/2021 and
upon hearing the arguments of               SRI.K.R.AVINASH KUNNATH,
SRI.K.K.BALAKRISHNAN KODIYURA, Advocates for the petitioners PUBLIC
PROSECUTOR for the respondents, the court passed the following:

     [p.t.o]
                         ZIYAD RAHMAN A.A., J.
                       ---------------------
                           Crl.R.P .No.866 of 2012
                    ---------------------------
                    Dated this the 31st day of August, 2022

                                   ORDER

Crl.M.A No. 1 of 2022

This is an application submitted by the revision petitioner,

seeking for a direction to the 3 rd respondent-Passport Officer to

renew the passport of the petitioner for a further period of two

years.

The petitioner stands convicted by the Judicial First Class

Magistrate Court-I, Kannur in C.C No. 288/2002 for the offences

punishable under Sections 51(a), 52A, read with 63 of Indian

CopyRight Act. The aforesaid conviction and sentence was

confirmed in Crl.Appeal No. 15/2005 by Additional Sessions Judge,

Adhoc-1, Thalassery and challenging the said judgments this

Crl.R.P is filed. The sentence imposed upon the petitioner has

been suspended by this Court at the time of admission itself. Later

the petitioner submitted an application seeking permission to go

abroad and to get the passport of the petitioner renewed. The Crl.R.P No. 866 of 2012

aforesaid application was allowed vide order dated 12.01.2022

in Crl.M.A 1/2021 and the permission was granted for renewal

of the passport for a period of one year. Now the present

application is submitted by the petitioner seeking extension of

the said period by renewing the passport for a further period of

two years.

Considering the fact that the aforesaid relief was granted

by this Court on an earlier occasion, I am inclined to grant a

further opportunity to the petitioner. Therefore, this application

is allowed and the petitioner is permitted to get his passport

renewed for a further period of two years from the date of

renewal, subject to the condition that he shall execute a bond

for Rs.100,000/- (Rupees one lakhs only) with two solvent

sureties before the Judicial First Class Magistrate Court-I,

Kannur, undertaking to appear before the court as and when

required.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE rpk

31-08-2022 /True Copy/ Assistant Registrar