Satheesh K.R vs State Of Kerala
2022 Latest Caselaw 4954 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
     WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                        WP(CRL.) NO. 335 OF 2022
PETITIONER/S:

          SATHEESH K.R
          AGED 39 YEARS
          S/O. RAMAKRSIHNAN,
          KATTUPARAMBIL HOUSE, MUNDANPAARA,
          SEETHATHODU VILLAGE, KONNI TALUK-689 667

          BY ADVS.
          ARUN.B.VARGHESE
          AISWARYA V.S.
          VARNA MANOJ


RESPONDENT/S:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
    1
          HIGH COURT OF KERALA, ERNAKULAM-682 021

          THE REGIONAL PASSPORT OFFICER,
          REGIONAL PASSPORT OFFICE, SNSM BUILDING,
    2     KARALKADA JUNCTION, PETTAH ROAD,
          THIRUVANANTHAPURAM-695 024

          BY ADV MANU S., ASG OF INDIA


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 335 OF 2022
                               2



                   JUDGMENT

Dated this the 04th day of May, 2022

This petition is filed by the 4th accused in ST No.

391/2018 on the file of Gramnyayalaya Court, Ranny in

Pathanamthitta District in which the offences alleged are

under Sections 341, 294 (b), 323, 212 r/w Section 34 of

the Indian Penal Code.

2. According to the petitioner, he is intending to

go abroad to take up employment and so he filed Crl.M.P

No. 39/2021, for permitting him to apply for a passport

and also for a direction to the Passport Officer to issue the

passport. He produced Exts.P4 and P5 orders by which he

has already obtained permission for applying for passport

from JFCM Ranny as well as the Assistant Sessions Court,

Pathanamthitta. In the impugned order, the learned

Magistrate found that, petitioner is an accused in Crime

No. 871/2020 of Chittar Police Station registered under

Section 279 of IPC. The petitioner produced Ext.P2 receipt

to show that he pleaded guilty in that crime, and remitted WP(CRL.) NO. 335 OF 2022

the fine amount. So, that crime is not in existence now.

3. So the impugned order is set aside and the 2 nd

respondent is directed to process the passport application

if any filed by the petitioner, and to issue the passport if

he is otherwise found eligible, for a period of one year

from the date of issue. But before he leaves the limits of

Kerala, he has to approach the Gramnyayalaya Court,

Ranny in ST No. 391/2018 for permission to leave Kerala

State and the learned Judge has to pass appropriate

orders imposing necessary conditions, to ensure his

appearance for the disposal of that case.

This Writ Petition (Criminal) is disposed of as above.

Sd/-

SOPHY THOMAS JUDGE LU WP(CRL.) NO. 335 OF 2022

APPENDIX OF WP(CRL.) 335/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 29.03.2022 IN CRL MP NO.39/2022 IN ST NO.391/2018 OF THE MUNSIFF COURT, (NYAYADHIKARI-IN CHARGE) RANNY EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 12.03.2022 ISSUED BY GRAMANYAYALAYA , RANNY EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS INST NO.510/2021 OF GRAMNYAYALAYA COURT, RANNY AVAILABLE IN THE E-COURTS WEBSITE EXHIBIT P4 TRUE COPY OF THE ORDER DATED 24.02.2022 IN CRL MP B.227/2022 IN CHITTAR POLICE STATION CRIME NO.901/2015 (C.C. 276/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE , RANNY EXHIBIT P5 TRUE COPY OF THE ORDER DATED 23.02.2022 IN CRL MP NO.10/.20220 IN SC NO.22/2018 OF THE ASSISTANT SESSIONS JUDGE, PATHANAMTHITTA

//True Copy // PA To Judge