Kerala High Court
Avinash Sagar vs State Of Kerala on 29 September, 2025
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.Nos.7745 & 7748/25
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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. 7745 OF 2025
CRIME NO.430/2024 OF Kadakkavoor Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED 11.07.2025 IN CRMP
NO.5797 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,VARKALA
PETITIONER:
AVINASH SAGAR,
AGED 30 YEARS
S/O KUNJU MOHAMMED NAZAR,VILAYIL PALACE,
NILAKKAMUKKU,KADAKKAVOOR P.O., THIRUVANANTHAPURAM
,PASSPORT NO Z 7486353, PIN - 695306
BY ADVS.
SHRI.SREEHARI INDUKALADHARAN
SHRI.SETHU NANDAKUMAR
Crl.M.C.Nos.7745 & 7748/25
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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.7748/2025, THE COURT ON
29.09.2025 PASSED THE FOLLOWING:
Crl.M.C.Nos.7745 & 7748/25
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2025:KER:72936
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. 7748 OF 2025
CRIME NO.430/2024 OF Kadakkavoor Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED 11.07.2025 IN CMP
NO.5796 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS
VARKALA
PETITIONER:
AVINASH SAGAR,
AGED 30 YEARS
S/O KUNJU MOHAMMED NAZAR,VILAYIL PALACE,
NILAKKAMUKKU,KADAKKAVOOR P.O.,
THIRUVANANTHAPURAM,PASSPORT NO Z 7486353, PIN -
695306
BY ADVS.
SHRI.SREEHARI INDUKALADHARAN
SHRI.SETHU NANDAKUMAR
Crl.M.C.Nos.7745 & 7748/25
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RESPONDENTS:
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.7745/2025, THE COURT ON 29.09.2025
PASSED THE FOLLOWING:
Crl.M.C.Nos.7745 & 7748/25
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V.G.ARUN, J
= = = = = = = = = = = = = = = = =
Crl.M.C.Nos.7745 & 7748 of 2025
= = = = = = = = = = = = = = = = = =
Dated this the 29th day of September, 2025
ORDER
The petitioner is the accused in Crime No.430 of 2024
registered at the Kadakkavoor Police Station for offences
punishable under Sections 465, 466, 468 and 471 of IPC. The
crime is registered on the allegation that with the intention of
misleading the de facto complainant, a Police Constable
assigned with the duty of verifying the details in the application
submitted by the petitioner for re-issuance of his passport, the
petitioner had forwarded a forged order of the Judicial First
Class Magistrate Court, Varkala in C.C.No.69 of 2024 (Crime
No.1566 of 2023 of Kadakkavoor Police Station), granting bail
and exempting him from personal appearance for a period of one
Crl.M.C.Nos.7745 & 7748/25
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year.
2. In the instant case, the petitioner was granted
anticipatory bail by this Court, as per order dated 18.06.2025,
with a direction to appear before the Investigating Officer on
26.06.2025. Accordingly, the petitioner appeared and after
interrogation, was released on bond. As the petitioner was made
to surrender his passport on appearance before the
Investigating Officer, he later moved two applications; one to
direct release of his passport and the other, for a direction to
renew the passport for a period of two years and exempt him
from personal appearance before the court. The jurisdictional
Magistrate having dismissed the applications, these Crl.M.Cs
are filed.
3. Learned counsel for the petitioner submitt ed that no
forgery was committed by his client and it was the Advocate
engaged at the instance of the de facto complainant, who
forwarded the forged court order. It is further submitted that in
C.C.No.69 of 2024, the jurisdictional Magistrate had, vide order
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dated 22.04.2024, directed issuance of passport to the petitioner
for a period of two years and exempted him from personal
appearance for the said period. The petitioner is a Lawyer by
profession and working as Head of the Legal Affairs Section of a
company named Nashco Max Car in the United Arab Emirates,
and unless his passport is renewed and permission granted to
leave the country, the petitioner will lose his employment. It is
contended that, since the petitioner was subjected to
interrogation and released on bond, the objection of the
Investigating Officer that he had not surrendered his mobile
phone, from which the forged order was sent to the de facto
complainant, cannot be a reason for denying the relief. It is
submitted that, since the mobile phone was sold by the
petitioner few months back, it is impossible for him to produce
the phone.
4. Learned Public Prosecutor submitted on instructions
that the petitioner is not co-operating with the investigation.
Moreover, having attempted to deceive the Police Department by
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forging a court order, the petitioner cannot be permitted to leave
the country until conclusion of the investigation.
5. No doubt, the offence alleged against the petitioner is
serious in nature. At the same time, in C.C.No.69 of 2024, the
forged order of which had resulted in registration of the instant
crime, the jurisdictional Magistrate has granted permission to
issue passport to the petitioner and exempted him from
personal appearance for two years. That the petitioner was
granted anticipatory bail in this crime and in compliance of the
direction, had surrendered before the Investigating Officer and
was released after interrogation is another relevant factor. The
submission that the petitioner, a lawyer by profession, is
gainfully employed in the U.A.E, cannot also be discarded. It has
also come to my notice from the pleadings in Crl.M.C.Nos. 7753
and 7761 of 2025 filed by the petitioner that in Crime No.412 of
2024 registered against him at Pallikkal Police Station, the
Judicial Magistrate of First Class, Attingal has, vide order dated
18.07.2025, granted him permission to get the passport renewed
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for one year and permitted him to travel abroad for six months.
Taking the above factors into consideration, the Crl.M.Cs are
disposed of as under;
i) The impugned orders are quashed.
ii) The petitioner's passport bearing No.Z7486353,
surrendered at the Kadakkavoor Police Station, shall be released
to him on production of this order.
iii) The prayer for direction to extend the validity of the
passport beyond 06.05.2026 is declined, without prejudice to the
petitioner's right to approach the jurisdictional court at the
appropriate point of time.
iv) The petitioner is permitted to submit a fresh application
seeking permission for travelling abroad. If such an application,
containing the details of the petitioner's foreign employment and
visa is filed, the learned Magistrate shall grant permission to the
petitioner to travel to his place of employment for a period of
one year by imposing appropriate conditions.
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v) If the application, is filed within one week, the learned
Magistrate shall pass orders thereon within a further period of
ten days.
sd/-
V.G.ARUN, JUDGE
sj
Crl.M.C.Nos.7745 & 7748/25
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PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER DATED 22.4.2024
IN CRL MP NO 2707/2024 & CRL MP NO
2708/2024 IN CALENDER CASE NO 69 OF
2024 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT I, VARKALA
OF 2024 OF KADAKKAVOOR POLICE STATION
DATED 24.06.2024
Annexure A3 TRUE COPY OF THE ORDER IN BA NO. 5244
OF 2025 DATED 18.06.2025 OF THIS
HON'BLE COURT
Annexure A4 CERTIFIED COPY OF THE PETITION DATED
8.7.2025 SUBMITTED BY THE PETITIONER
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT I, VARKALA IN CRIME
NO. 430/2024 OF KADAKKAVOOR POLICE
STATION
Annexure A5 CERTIFIED COPY OF THE REPORT OF THE
INVESTIGATION OFFICER DATED 09.07.2025
Annexure A6 CERTIFIED COPY OF THE ORDER DATED
11.07.2025 IN CRL.M.P. NO 5797 OF 2025
IN CRIME NO 430/2024 OF KADAKKAVOOR
POLICE STATION PASSED BY THE JUDICIAL
FIRST CLASS MAGISTRATE COURT I, VARKALA
Crl.M.C.Nos.7745 & 7748/25
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PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER DATED 22.4.2024
IN CRL MP NO 2707 OF 2024 & 2708 OF
2024 IN CALENDER CASE NO 69 OF 2024 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT
I, VARKALA
OF 2024 OF KADAKKAVOOR POLICE STATION
DATED 24.06.2024
Annexure A3 TRUE COPY OF THE ORDER IN BA NO. 5244
OF 2025 DATED 18.06.2025
Annexure A4 CERTIFIED COPY OF THE PETITION DATED
8.7.2025 SUBMITTED BY THE PETITIONER
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT I, VARKALA IN CRIME
Annexure A5 CERTIFIED COPY OF THE REPORT OF THE
INVESTIGATION OFFICER DATED 09.07.2025
Annexure A6 CERTIFIED COPY OF THE ORDER DATED
11.07.2025 IN C.M.P. NO 5796 OF 2025 IN
CRIME NO 430/2024 OF KADAKKAVOOR POLICE
STATION ON THE FILES OF JUDICIAL FIRST
CLASS MAGISTRATE COURT I, VARKALA
