Manoj A.S vs The State Of Kerala
2022 Latest Caselaw 802 Ker

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                           THE HONOURABLE MR. JUSTICE K.HARIPAL
                MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                                   OP(CRL.) NO. 540 OF 2021
    AGAINST THE ORDER/JUDGMENT IN CMP 949/2021 OF JUDL. FIRST CLASS MAGISTRATE
                            COURT,NORTH PARAVUR (TEMPORARY)
PETITIONER:


               MANOJ A.S.
               AGED 41 YEARS
               S/O.SURENDRAN, RESIDING ANDALAT HOUSE, MAIN ROAD, NORTH PARAVUR,
               ERNAKULAM DISTRICT 683 513
               BY ADVS.
               ANOOP.V.NAIR
               RAMESH CHAND
               DEVI P.
               A.K.ANANDA KRISHNAN


RESPONDENTS:


      1        THE STATE OF KERALA
               REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031
      2        THE SUB INSPECTOR OF POLICE
               NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT 683 513


               SR.PP - SMT. SREEJA V.



      THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17.01.2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl) No. 540 of 2021


                                    2




                                 JUDGMENT

Petitioner is the 1st accused in C.C. No. 51 of 2020

pending before the Judicial First Class Magistrate's

Court-III, North Paravur where he faces allegations under

Sections 341, 294(b), 506(i) read with Section 34 of the

IPC.

2. According to the learned counsel, on his application

by Ext. P7 order he was permitted to renew the passport for

a period of five years. But ultimately the Court held that he

shall not go abroad without prior permission of the Court.

According to the learned counsel, petitioner is running a

travel agency by name Akbar Travels, in connection with

the business he will have to travel abroad frequently and

such a condition causes considerable prejudice and

inconvenience to him. Referring to Ext.P5 order which was

issued on similar circumstances, it was pointed out that no O.P.(Crl) No. 540 of 2021

such condition has been imposed. According to the learned

counsel, registration of the crime is the aftermath of a

dispute with the tenant, that the Rent Control proceedings

are in progress.

3. After hearing counsel on both sides, I am of the view

that such a condition, condition in paragraph 11 in Ext.P7

order is onerous. Once permission to renew passport for

five years is granted, there is an implied permission to

leave the country and remain abroad. Anyhow it is a case of

the year 2020. Since the petitioner requires frequent travel

abroad, it may not be practical to seek permission every

time from the Court concerned. Therefore the condition in

paragraph 11 of the order shall stand lifted. However, it is

made clear that whenever the petitioner goes abroad his

itinerary shall be intimidated to the Court with a copy to the

Public Prosecutor. Moreover, he will give an undertaking

by way of affidavit, before the trial Court that he will O.P.(Crl) No. 540 of 2021

appear before the Court as and when necessary; he shall

also furnish his contact address, WhatsApp number, e-mail

address, etc., to the CMO of the Court with a copy to the

Public Prosecutor.

The O.P.(Crl) is disposed of as above.

Sd/-

K. HARIPAL JUDGE RMV/17/01/2022

APPENDIX OF OP(CRL.) 540/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO.1681/2018 ON THE FILE OF NORTH PARAVUR POLICE STATION, DATED 4.9.2018 Exhibit P2 TRUE COPY OF THE PASSPORT APPLICATION FROM SUBMITTED BY THE PETITIONER TO THE MINISTRY O EXTERNAL AFFAIRS WITH REFERENCE NO.21-1003836047, DATED 14.7.2021 Exhibit P3 TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT WITH APPLICATION REFERENCE NO.21-1003836047 ISSUED FROM THE MINISTRY OF EXTERNAL AFFAIRS TO THE PETITIONER Exhibit P4 TUE COPY OF THE PETITION FILED UNDER SECTION 6(2) OF THE PASSPORT ACT, 1967 SEEKING NO.OBJECTION TO ISSUE PASSPORT, BEFORE THE COURT OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS-I, NORTH PARAVUR BEARING C.M.P.NO.949/2021 IN CRIME NO.689/2021 OF NORTH PARAVUR POLICE STATION.

Exhibit P5 TRUE COPY OF THE ORDER IN C.M.P.NO.949/2021 IN CRIME NO.689/2021 OF NORTH PARAVUR POLICE STATION PASSED BY THE COURT OF COURT OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS-I, NORTH PARAVUR, DATED 16.11.2021 Exhibit P6 TRUE COPY OF THE PETITION FILED UNDER SECTION 6(2) OF THE PASSPORT ACT, 1967 SEEKING NO OBJECTION TO ISSUE PASSPORT, BEFORE THE COURT OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS-I, NORTH PARAVUR BEARING C.M.P.NO.686/2021 IN CRIME NO.1681/2018 OF NORTH PARAVUR POLICE STATION AND CC NO.51/20 Exhibit P7 TRUE COPY OF THE ORDER IN C.M.P.NO.686/2021 IN CRIME NO.1681/2018 OF NORTH PARAVUR POLICE STATION AND CC NO.51/20 PASSED BY THE COURT OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS -III, NORTH PARAVUR, DATED 30.11.2021

TRUE COPY

P.A.TO JUDGE