Kerala High Court
Kalantharsha vs State Of Kerala on 23 May, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.MC NO. 4019 OF 2024
CRIME NO.1985/2016 OF Kadakkal Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED 09.04.2024 IN CRMP NO.80 OF 2024
OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL
COURT,KOTTARAKKARA
PETITIONER/ACCUSED (A1):
KALANTHARSHA
AGED 31 YEARS
S/O SHAJAHAN, ANAYIL VEEDU, CHERUKULAM, CHUNDA MURI,
KOTTUKKAL VILLAGE KOLLAM DISTRICT, PIN - 691533
BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN
RADHIKA S.ANIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER
KADAKKAL POLICE STATION, KOLLAM DISTRICT, PIN - 691536
3 THE REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, SNSM BUILDING, KARALKADA
JUNCTION, PETTA P.O., THIRUVANANTHAPURAM DISTRICT, PIN
- 695024
4 CONSULATE GENERAL OF INDIA
AL HAMRIYA, DIPLOMATIC ENCLAVE, P.O. BOX 737, DIBAI,
UNITED ARAB EMIRATES, PIN - 737
BY ADV KRISHNA T C
OTHER PRESENT:
SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4019 OF 2024
2
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C No. 4019 of 2024
----------------------------------------
Dated this the 23rd day of May, 2024
ORDER
Petitioner is an accused in S.C.No. 99/2019 on the
files of the Assistant Sessions Court, Kollam. His
passport had expired, and he had applied for renewal.
However, due to the pendency of the criminal case, the
passport was not renewed. In the meantime, petitioner
approached the Sessions Court, seeking permission for
the renewal of the passport, which, by the impugned
order, was refused. Petitioner challenges the said order
and seeks appropriate directions for renewal of his
passport.
2. I have heard Sri.K.V.Anil Kumar, the learned
counsel for the petitioner as well as Sri.T.C.Krishna, the
learned Senior Panel Counsel and Smt.Sreeja V., the
learned Public Prosecutor.
CRL.MC NO. 4019 OF 2024
3. Though the learned Magistrate was justified in
refusing to grant permission to renew the passport
since the case is ripe for trial, I am of the view that the
petitioner must be provided an opportunity to
participate in the trial by travelling back to India as he
is presently residing abroad. Therefore, the passport of
the petitioner can be directed to be renewed/reissued
with the condition that travels to India and participate
in the trial.
4. In such circumstances, the petitioner is granted
permission to have his passport renewed for a period of
one year, subject to the condition that, within one
month of the renewal/reissue of the passport, he shall
come down to India, appear before the Assistant
Sessions Court, and participate in the trial without fail.
It is clarified that the further renewal/reissue of the
petitioner's passport will be dependent upon his
participation in the trail in S.C.No. 99/2019.
5. There will be a further direction to the 4th
respondent/Consular General of India at Dubai to
CRL.MC NO. 4019 OF 2024
renew/reissue the passport of the petitioner pursuant
to Annexure B application, or a fresh application, as the
case may be, for a period of one year.
The Crl.M.C is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 4019 OF 2024
PETITIONER ANNEXURES
Annexure-A A TRUE COPY OF THE FIR IN CRIME NO.
1985 / 2016 OF KADAKKAL POLICE
STATION
Annexure-B A TRUE COPY OF THE RECEIPT DATED
29.02.2024 ISSUED BY THE 4TH
RESPONDENT
Annexure-C A TRUE COPY OF THE APPLICATION DATED
06.04.2024 IN CRL.M.P. NO. 80 / 2024
IN S.C. 99 / 2019 OF THE ASSISTANT
SESSIONS COURT, KOTTARAKKARA
Annexure-D A TRUE COPY OF THE ORDER DATED
09.04.2024 IN CRL.M.P. NO. 80 / 2024
IN S.C. 99 / 2019 OF THE ASSISTANT
SESSIONS COURT, KOTTARAKKARA
