Abdulla T.K vs The Station House Officer
2023 Latest Caselaw 6464 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(CRL.) NO. 580 OF 2023
 CC 3386/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, HOSDURG
PETITIONER :

          ABDULLA T.K.,
          AGED 31 YEARS, S/O.ABDUL JABBAR,
          RESIDING AT NOORJAHAN MANZIL,
          PADANNA, PADANNA P.O., HOSDURG TALUK,
          KASARAGOD DISTRICT, PIN - 671 312

          BY ADVS.
          T.MADHU
          C.R.SARADAMANI
          RENJISH S. MENON
          VRINDA T.S.
          AISWARYA JAYAPAL



RESPONDENTS :

    1     THE STATION HOUSE OFFICER,
          CHANDERA POLICE STATION,
          MANIYAT P.O., KASARAGOD DISTRICT,
          PIN - 671 310

    2     REGIONAL PASSPORT OFFICE,
          KOZHIKODE, NEAR CO-OPERATIVE HOSPITAL,
          BYPASS ROAD, ERANHIPALAM P.O.,
          KOZHIKODE, PIN - 673 006

          BY SRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR




     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
 WP(CRL.) NO. 580 OF 2023

                                      2



                    BECHU KURIAN THOMAS, J.
                     =-=-=-=-=-=-=-=-=-=-=-=-=
                      W.P.(Crl.) No.580 of 2023
                       =-=-=-=-=-=-=-=-=-=-=
                 Dated this the 13th day of June, 2023


                                JUDGMENT

The limited prayer of the petitioner is for a permission to renew his

passport for a period of two years.

2. Petitioner is the accused in Crime No.537 of 2012 of Chandera

Police Station, Kasaragod, now pending as C.C.No.3386 of 2014 on the

files of the Judicial First Class Magistrate's Court, Hosdurg.

3. By order dated 18.05.2023, the learned Magistrate granted

permission for renewing the passport of the petitioner for a period of one

year, if he is otherwise eligible. While granting permission, the learned

Magistrate has observed that the trial has already commenced. Still,

since the petitioner is young in age and there was no reason to disbelieve

the submissions regarding his prospects in employment, permission was

granted to renew the passport. Appropriate conditions were also

imposed.

4. I have heard Sri.T.Madhu, the learned counsel for the petitioner

as well as Sri.C.N.Prabhakaran, the learned Public Prosecutor.

5. Since the trial court has already granted permission to renew

the passport for a period of one year and sufficient precautions have WP(CRL.) NO. 580 OF 2023

already been incorporated by way of conditions, before the petitioner can

travel abroad, I am of the view that the request for renewal of the

passport for a period of two years is reasonable.

6. Therefore, in modification of Condition No.1 in the order dated

18.05.2023, in C.M.P.No.2226 of 2023 in C.C.No.3386 of 2014 on the

files of the Judicial First Class Magistrate's Court-I, Hosdurg, petitioner is

permitted to renew the passport for a period of two years, if he is

otherwise eligible for. Needless to mention, all other conditions imposed

by the learned Magistrate in the aforementioned order shall continue to

remain.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(CRL.) NO. 580 OF 2023

APPENDIX OF WP(CRL.) 580/2023

PETITIONER'S EXHIBITS :

Exhibit P1 THE TRUE COPY OF THE ORDER DATED 14/11/2019 IN C.M.P.NO.7936/2019 IN C.C.NO.3386/2014 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, HOSDURG

Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED 12/6/2020 IN W.P.(C)NO.11547/2020 ON THE FILES OF THIS HONOURABLE COURT

Exhibit P3 THE TRUE COPY OF THE ORDER DATED 17/9/2020 IN CMP NO.1821/2020 IN C.C.NO.3386/2014 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, HOSDURG

Exhibit P4 THE TRUE COPY OF THE PETITION IN CMP NO.2226/2023 IN C.C.NO.3386/2014 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, HOSDURG

Exhibit P5 THE CERTIFIED COPY OF THE ORDER DATED 18/5/2023 IN CMP NO.2226/2023 IN C.C.NO.3386/2014 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, HOSDURG

Exhibit P6 THE TRUE COPY OF THE DAILY STATUS OF C.C.NO.3386/2014 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, HOSDURG DOWNLOADED FROM THE WEBSITE OF E-COURT