Kerala High Court
Muhammed Iqbal vs State Of Kerala on 19 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
WP(CRL.) NO. 997 OF 2023
CC 1282/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
THRISSUR
PETITIONER:
MUHAMMED IQBAL,
AGED 48 YEARS
S/O MUHAMED, AGED 48 YEARS, KODIYIL HOUSE,
KOZHIKKARA JARAKUNNU DESOM, KAPPOR VILLAGE,
PALAKKAD DISTRICT,PIN - 679552
BY ADVS.
ABRAHAM MATHAN
P.P.HARRIS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031
2 REGIONAL PASSPORT OFFICER
OFFICE OF THE REGIONAL PASSPORT OFFICER,
PANAMPILLY NAGAR P.O, COCHIN - 682036
OTHER PRESENT:
SRI.HRITHWIK.C.S, PP,SRI.S.MANU, DSGI
THIS WRIT PETITION (CRIMINAL) HAVING COME UP
FOR ADMISSION ON 19.10.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP (Crl.)No.997/2023
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(Crl.) No.997 of 2023
----------------------------------------------
Dated this the 19th day of October, 2023
JUDGMENT
This writ petition is filed with following prayers:
i. Call for the records leading to Exhibit P5 order
dated 25.08.2023 passed by the Judicial First
class Magistrate Court-II in Crl.M.P No.10507
of 2023 in C.C.No.1282 of 2015 and issue a writ
of certiorari or any other appropriate writ,
order or direction quashing the same and
permit the petitioner to go abroad for such
period as this Hon'ble Court deems fit.
ii. Issue Writ of Mandamus or any other
appropriate writ, order or direction directing
the 2nd respondent to issue a passport having
validity for 5 years.
iii. To dispense with the filing of translation of
documents produced in vernacular language.
iv. Grant such other reliefs as this Honorable Court
deems fit. (SIC)
2. This writ petition is filed challenging Ext.P5 order
by which Ext.P4 request of the petitioner to renew his
WP (Crl.)No.997/2023
passport for a period of five years to go abroad is rejected.
The trial court granted permission to travel abroad only for a
period of one year. It is the case of the petitioner that unless
he is given five years' time, he will not get job visa. Hence this
writ petition.
3. Heard the learned counsel for the petitioner and
the learned Public Prosecutor. I also heard the learned DSGI.
4. After going through Ext.P5 order, I see no serious
illegality in the order. It will be better to extract paragraph 7
of Ext.P5:
7. On perusal of the entire case records it is noted
that the petitioner has requested for permission to
travel abroad for his job purpose. It is noted that the
trial of the case is going on. It is made clear that
pendency of this case is not a bar for the petitioner
to travel abroad if he is otherwise eligible as per
rules. It is further noted that this case was in 2015,
hence the application can not be allowed for five
years. Considering the prayer and in view of the
above 9 prepositions laid down by the Hon'ble High
Court of Kerala, as discussed above, I am inclined to
grant permission to him to travel abroad for a period
of one year subject to the following conditions:
1. The petitioner shall file an undertaking
WP (Crl.)No.997/2023
affidavit that he will authorize his
Advocate/counsel to represent for and on
behalf of his in his absence before the court
for complying all procedural formalities
required in the above case, during the trial
and also including questioning of accused
U/s.313 of the Cr.P.C.
2. The petitioner shall execute a bond for
Rs.1,00,000/- (Rupees one lakh only) with two
solvent sureties each for the like sum amount.
3. The petitioner should deposit a cash security
of Rs.10,000/- before the court before living
the country.
4. Petitioner shall file an affidavit furnishing the
details of the proposed journey including the
address and phone number of his destination
and also the period of journey.
5. Petitioner shall also file undertaking affidavit
that, he shall appear before the court with his
passport at any time if directed by this court.
5. But the counsel for the petitioner submitted that if
the petitioner is not getting permission to go abroad with five
year valid passport, he will not get job visa. The petitioner is
assuring before this Court that he will come back as and when
required by the learned Magistrate and also ready to comply
the directions in W.P.(C). No.15182/2021.
WP (Crl.)No.997/2023
6. If that be the case, this writ petition can be
disposed of modifying Ext.P5 order. The petitioner has to file
an affidavit before the trial court stating that he will appear
before the court below as and when required and also will
furnish his address and phone number at abroad and also the
place where he is working in the affidavit itself. The petitioner
will also engage a lawyer to appear on behalf of him and he
will not dispute the identity or recording of evidence in his
absence at any stage of the proceedings.
Therefore, this writ petition (criminal) is disposed of in
the following manner:
1. The petitioner shall file an affidavit before the
Judicial First Class Magistrate Court-II,
Thrissur, stating that he is ready to appear
before the court below as and when required
by the court. The petitioner will also produce
the self address envelops before the trial court
along with the affidavit.
2. The petitioner will also furnish the address of
his destination and phone number at abroad
before the trial court.
WP (Crl.)No.997/2023
3. The petitioner will also engage a lawyer before
the lower court to defend his case and he will
also undertake before the court below that he
will not challenge the identity or the recording
of evidence in his absence at any stage of trial
or at the appellate stage.
4. If the above conditions are complied, the trial
court will allow the petitioner to go abroad for
five years.
5. The petitioner shall produce this order before
the passport authority and the passport
authority will do the needful to issue passport
for a period of five years.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP (Crl.)No.997/2023
APPENDIX OF WP(CRL.) 997/2023
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE ORDER DATED
02.11.2020 IN CRL.M.P.NO. 4480 OF 2020
Exhibit -P2 TRUE COPY OF THE ORDER DATED
07.12.2021 IN CRL.M.P.NO. 5375 OF 2021
Exhibit -P3 TRUE COPY OF THE ORDER DATED
27.09.2022 IN CRL.M.P.NO. 8596 OF 2022
Exhibit -P4 TRUE COPY OF THE PETITION ALONG WITH
AFFIDAVIT IN CRL.M.P.NO. 10507 OF 2023
IN C.C.1282 OF 2015 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT-II, THRISSUR,
FILED BY THE PETITIONER DATED
14.08.2023
Exhibit -P5 THE TRUE COPY OF THE ORDER DATED
25.08.2023 PASSED BY THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-
II,THRISSUR, IN CRL.M.P NO. 10507 OF
2023 IN C.C.NO. 1282 OF 2015
Exhibit -P6 THE TRUE COPY OF THE NOTIFICATION GSR
570(E) DATED 25.08.1993 OF THE
MINISTRY OF EXTERNAL AFFAIRS
Exhibit -P7 THE TRUE COPY OF THE ORDER DATED
16.04.2021 PASSED BY THIS HONORABLE
COURT IN CRL MC NO. 794/2021
