Kerala High Court
Kunju Mohammed Nazar vs State Of Kerala on 29 September, 2025
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.Nos.7753 & 7761/25
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 29TH DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947
CRL.MC NO. 7753 OF 2025
CRIME NO.412/2024 OF Pallickal Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED 18.07.2025 IN CMP
NO.3735 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II,ATTINGAL
PETITIONER:
AVINASH SAGAR,
AGED 30 YEARS
S/O KUNJU MOHAMED NAZAR,VILAYIL PALACE,
NILAKKAMUKKU, KADAKKAVOOR P.O
THIRUVANANTHAPURAM,PASSPORT NO. Z7486353, PIN -
695306
BY ADVS.
SHRI.SREEHARI INDUKALADHARAN
SHRI.SETHU NANDAKUMAR
Crl.M.C.Nos.7753 & 7761/25
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RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
25.09.2025, ALONG WITH Crl.MC.7761/2025, THE COURT ON
29.09.2025 PASSED THE FOLLOWING:
Crl.M.C.Nos.7753 & 7761/25
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2025:KER:72960
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 29TH DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947
CRL.MC NO. 7761 OF 2025
CRIME NO.412/2024 OF Pallickal Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED 18.07.2025 IN CMP
NO.3734 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-II,ATTINGAL
PETITIONER:
KUNJU MOHAMMED NAZAR,
AGED 61 YEARS
S/O KUNJU MOHAMMED,VILAYIL PALACE ,
NILAKKAMUKKU,KADAKKAVOOR P.O,
THIRUVANANTHAPURAM,PASSPORT NO Z 2168649, PIN -
695306
BY ADVS.
SHRI.SREEHARI INDUKALADHARAN
SHRI.SETHU NANDAKUMAR
Crl.M.C.Nos.7753 & 7761/25
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RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
25.09.2025, ALONG WITH Crl.MC.7753/2025, THE COURT ON 29.09.2025
PASSED THE FOLLOWING:
Crl.M.C.Nos.7753 & 7761/25
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V.G.ARUN, J
= = = = = = = = = = = = = = = = =
Crl.M.C.Nos.7753 & 7761 of 2025
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Dated this the 29th day of September, 2025
ORDER
The petitioner is the accused in Crime No.412 of 2024
registered at the Pallikkal Police Station for offences punishable
under Sections 370, 120-B and 420 read with 34 of IPC. The
crime is registered on the allegation that, after falsely promising
to provide employment for the two children of the de facto
complainant, the petitioner trafficked them to the United Arab
Emirates on a visiting visa and concealed some contraband in a
car parked near the apartment where the children were staying
and got them implicated, arrested and imprisoned for twenty
years in a crime under the Narcotic Drugs Statute of the U.A.E.
2. The petitioner was granted bail by this Court in the
crime by order dated 23.06.2025, subject to certain conditions.
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One such condition was that the petitioner should not leave
India without the permission of the court having jurisdiction.
The petitioner later moved two applications before the
jurisdictional court; one seeking renewal of his passport and
permission to leave India for two years and the other, to exempt
him from the operation of the provisions of Section 6(2)(f) of the
Passports Act and from personal appearance in court for two
years. By the impugned orders, the jurisdictional Magistrate
granted permission for renewal of petitioner's passport for one
year and exempted him from personal appearance for six
months. These Crl.M.Cs are filed aggrieved by the refusal to
grant permission for renewal and to leave the country for two
years.
3. Heard, learned counsel for the petitioner and the Public
Prosecutor.
4. From the submissions it has come out that pursuant to
the impugned orders, the petitioner's passport is renewed upto
06.05.2026. As such, it is too early for the petitioner to seek
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extension of the period of validity of his passport. At the same
time, I find some substance in his grievance regarding
confinement of the period of permission to leave the country to
six months. Though the order is dated 18.07.2025, the
petitioner was not able to leave the country by reason of the
pendency of Crime No.430 of 2024 registered against him at
the Kadakkavoor Police Station and rejection of his prayer for
release of passport by the Judicial Magistrate of First Class,
Varkala. Pertinent to note that, Crl.M.C.Nos.7745 and 7748 of
2025 filed by the petitioner challenging those orders is
disposed of by this Court today, directing release of petitioner's
passport and permitting him to travel abroad for one year,
subject to the orders to be passed by the jurisdictional
Magistrate on the petitioner filing a fresh application.
5. Taking the above factors into consideration, the
Crl.M.Cs are disposed of as under;
i) The prayer for renewal of petitioner's passport for two
years is rejected, without prejudice to his right to seek such
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renewal at the appropriate point of time.
ii) The petitioner is permitted to submit a fresh application
for getting the period of permission for travelling abroad
extended, based on the decision in his application seeking
similar relief filed before the Judicial First Class Magistrate,
Varkala in Crime No.430 of 2024.
sd/-
V.G.ARUN, JUDGE
sj
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PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO 412 OF
2024 OF PALLICKAL POLICE STATION DATED
01.06.2024
Annexure A2 TRUE COPY OF THE JUDGMENT IN B.A. NO.
5275 OF 2025 DATED 23.06.2025 OF THIS
HON'BLE COURT
Annexure A3 TRUE COPY OF THE PETITION SUBMITTED BY
THE PETITIONER BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE II, ATTINGAL
Annexure A4 CERTIFIED COPY OF THE ORDER DATED
18.07.2025 IN C.M.P. NO. 3735 OF 2025
IN CRIME NO. 412 OF 2024 OF PALLICKAL
POLICE STATION PASSED BY THE JUDICIAL
FIRST CLASS MAGISTRATE II, ATTINGAL
Crl.M.C.Nos.7753 & 7761/25
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PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO 412 OF
2024 OF PALLICKAL POLICE STATION DATED
01.06.2024
Annexure A2 TRUE COPY OF THE JUDGMENT IN BA NO.
5275 OF 2025 DATED 23.06.2025
Annexure A3 TRUE COPY OF THE PETITION SUBMITTED BY
THE PETITIONER BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE II, ATTINGAL
Annexure A4 CERTIFIED COPY OF THE ORDER DATED
18.07.2025 IN C.M.P. NO. 3734 OF 2025
IN CRIME NO. 412 OF 2024 OF PALLICKAL
POLICE STATION PASSED BY THE JUDICIAL
FIRST CLASS MAGISTRATE II, ATTINGAL
