Jumana vs The Passport Officer
2022 Latest Caselaw 5345 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                        OP(CRL.) NO. 202 OF 2022


          CC 54/2014 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD
PETITIONER:

            JUMANA
            AGED 36 YEARS
            D/O AHEMMED KUTTY, KANDAMBATH PUTHIYADATH,
            (W/O DR.MUHAMMED ZAHIR,) GLADE S.V. COLONY,
            ERANHIPALAM P.O, KOZHIKODE-PIN 673 006.
            (PASSPORT ADDRESS KANDAMBATH PUTHIYADATH, KALMATTA
            HOUSE,
            PULIKUNNU.P.O, KASARAGOD, KERALA, INDIA. PIN.671121)

            BY ADVS.
            T.A.UNNIKRISHNAN
            K.K.AKHIL


RESPONDENTS:

    1       THE PASSPORT OFFICER
            PASSPORT OFFICE, CALICUT, PIN - 673006
    2       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

            BY ADV
            ADV.MANU S. ASG OF INDIA
            ADV. NOUSHAD K. A. - SR. PP


     THIS     OP   (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 202 OF 2022
                                   2

                               JUDGMENT

The petitioner is the 5th accused in C.C. No.54/2014 on the

file of the Chief Judicial Magistrate Court Kasargode. The aforesaid

case was registered against the petitioner and others for the offences

punishable under Sections 143, 147, 148, 341, 323, 324, 326,

294(b), 506(ii) read with Section 149 of the Indian Penal Code.

2. The prosecution case against the petitioner is now

stayed by this Court as per Order dated 20.02.2020 in Crl.M.C.

No.2220/2015, which was filed by the petitioner herein. The

aforesaid order of stay is even now in force.

3. The immediate reason for filing this Crl.M.C. is that the

petitioner is a Doctor, and her father in law is conducting a hospital

in U.A.E. She intends to practice in U.A.E. and wants to go abroad

in connection with the same, for which permission of this Court is

required. It is pointed out that, on an earlier occasion, the petitioner

approached this Court by filing O.P.(Crl) No.25/2021, which

culminated in Ext.P2 judgment. As per the judgment passed

therein, this Court permitted the petitioner to go abroad for a period OP(CRL.) NO. 202 OF 2022

of two months subject to certain conditions. It submitted that all the

conditions mentioned in the said judgment had been complied with,

and now she is in her native place. Now the petitioner wants to go

abroad and permission is sought in such circumstances.

4. Heard both sides.

5. It is pointed out by the learned counsel for the petitioner

that, even though the petitioner approached the trial court by filing

C.M.P. No.510/2022 for the same, the same was declined on the

ground that further proceedings in the said calendar case are stayed

by this Court in Crl.M.C. No.2220/2015.

6. Considering the facts and circumstances of the case, I

am of the view that the prayer sought by the petitioner can be

allowed. This is mainly because on an earlier occasion also, this

Court permitted such a visit on conditions, and all those conditions

were satisfactorily complied with by the petitioner.

7. In such circumstances, this original petition is disposed

of permitting the 1st respondent to renew the passport for a period of

one year so as to enable the petitioner to go abroad during the said OP(CRL.) NO. 202 OF 2022

period subject to the satisfaction of the following conditions.

(i) The petitioner shall execute a bond for Rs.1,00,000/-

(Rupees one lakh only) with two solvent sureties for the like sum to

the satisfaction of the Chief Judicial Magistrate, Kasaragod and

shall also file an affidavit undertaking to make herself available

before the court as and when required.

(ii) The petitioner shall furnish attested copies of her travel

documents and foreign address along with email ID as well as a

mobile number for contacting her abroad, before the court below.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE SCS OP(CRL.) NO. 202 OF 2022

APPENDIX OF OP(CRL.) 202/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 28/2/2020 IN M.A. 3057/15 IN CRL. M.C. NO.

2220/15 OF THIS HON'BLE COURT Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 28/1/2021 IN OP(CRL) 25/2021 OF THIS HON'BLE COURT Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT ISSUED ON 18/2/2021 Exhibit P4 TRUE COPY OF THE ORDER DATED 24/3/2022 IN CMP 510/22 IN CC 54/2014 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD