Kerala High Court
Sunny Mathew @ Sunny vs State Of Kerala on 21 December, 2023
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Thursday, the 21st day of December 2023 / 30th Agrahayana, 1945
CRL.M.APPL.NO.1/2023 IN CRL.A NO. 381 OF 2011
SC 736/2005 OF THE COURT OF SESSIONS, KASARGOD
PETITIONER/APPELLANT:
SUNNY MATHEW @ SUNNY AGED 63 YEARS, PERUMBATHALIKUNNEL VEEDU,
VALLIKKADAVU, MALOM VILLAGE, KASARAGOD DISTRICT.
RESPONDENT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-31.
2. REGIONAL PASSPORT OFFICER,PASSPORT OFFICE, NEAR CO- OPERATIVE
HOSPITAL, ERANHIPALAM, P.O. MINI BYPASS ROAD, KOZHIKODE, KERALA
673006 *
3. UNION OF INDIA REPRESENTED BY SECRETARY TO MINISTRY OF EXTERNAL
AFFAIRS, GOVERNMENT OF INDIA, CENTRAL SECRETARIAT, NEW DELHI 110001
*
*Additional Respondents R2 and R3 are impleaded in the Criminal M.A
1/2023 as per order dated 14/12/2023 in Criminal M.A 2/2023.
Application praying that in the circumstances stated therein the
High Court be pleased to direct the authority concerned to renew the
passport of the petitioner/appellant and permit him to travel abroad.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S. M.RAMESH CHANDER (SR.) and ANEESH JOSEPH, Advocates for the
petitioner and public procecutor for R1 and of MANU S, DSG OF INDIA for
the R2 and R3, the court passed the following:
1
Crl.A No.381 of 2011
C.S DIAS,J.
---------------------------
Crl.A No.381 of 2011
-----------------------------
Dated this the 21st day of December, 2023
ORDER
The application is filed to direct the second respondent
to renew the passport of the petitioner.
2. The petitioner has stated in the application that he is the
second accused in the above appeal, which is filed
challenging the judgment in SC No.736/2005 of the Court of
Session, Kasargod. The petitioner had applied for renewal of
his passport, but the same has not been done in view of the
pendency of this appeal. The petitioner's daughter is
employed as a Nurse in Dubai for the last couple of years and
she is pregnant. The petitioner is desirous of joining his
daughter in Dubai. Therefore, the petitioner may be granted
permission to apply for renewal of his passport. Hence, the
application.
3. Heard; Sri.Bejoy Joseph P.J, the learned counsel
appearing for the petitioner, the learned Public Prosecutor
appearing for the first respondent and Sri.Manu, the learned
Deputy Solicitor General of India appearing for the
respondents 2 and 3.
4. This Court in S.K.Ashok Kumar v. State of Kerala
[2009 KHC 557], after interpreting the provisions of the
Passports Act and the notifications issued under, has
categorically held that the criminal court, where the
proceeding is pending, is competent to permit an applicant to
depart from India
5. Recently, in Thadevoose Sebastian v. Regional
Passport Officer and another [ 2021 (5) KHC 625], this
Court has laid down broad guidelines for granting permission
to applicants to depart from India, after obtaining a passport.
6. On a consideration of the assertions in the
application, that the crime is of the year 2011, that the
petitioner has been on bail all throughout, that this Court had
suspended the sentence and the law on the point, I am of the
view that the petitioner's request is to be conditionally
allowed by directing the second respondent to issue a
passport in favour of the petitioner, in accordance with law,
for a period of one year, after obtaining an undertaking from
him that he would appear before this Court/Trial Court as and
when directed.
In result;
(i) The application is allowed.
(ii) The second respondent is directed to process the
petitioner's application, in accordance with law, and issue
him with a passport, if he is otherwise eligible, with a validity
for one year, subject to the condition that the petitioner would
appear before the Courts, as and when directed by this Court.
(iii) The second respondent shall obtain the undertaking
from the petitioner, before issuing the passport.
sd/-
sks/21.12.2023 C.S.DIAS, JUDGE
21-12-2023 /True Copy/ Assistant Registrar
