[Cites 2, Cited by 0]
Kerala High Court
Abeesh vs State Of Kerala on 2 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 858 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
CRL.MC NO. 858 OF 2026
CRIME NO.977/2017 OF Nedupuzha Police Station, Thrissur
AGAINST THE ORDER DATED 03.11.2025 IN CMP 1127/2025 IN SC
NO.162 OF 2020 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /
COMMERCIAL COURT, THRISSUR
PETITIONER/S:
ABEESH,
AGED 44 YEARS
NAMBANATH HOUSE, WORKERS NAGAR DESOM, KANIMANGALAM
VILLAGE, THRISSUR DISTRICT, PIN - 680027
BY ADVS.
SRI.MAHESH V.MENON
SMT.S.SHREYASHREE ANIL
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTO9R,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 REGIONAL PASSPORT OFFICER,
PASSPORT SEVA KENDRA, SHIHAB THANGAL ROAD, NEAR IDBI
CORPORATE BRANCH, PANAMPILLY NAGAR, KOCHI, ERNAKULAM,
KERALA, PIN - 682036
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
OTHER PRESENT:
CRL.MC NO. 858 OF 2026
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SR PP SRI C S HRITHWIK DSGI SMT O M SHALINA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 858 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No. 858 of 2026
------------------------------------------------
Dated this the 2nd day of February, 2026
ORDER
The petitioner is the 1st accused in SC No.162/2020 on
the file of the Principal Assistant Sessions Judge, Thrissur
('Trial Court'), which has originated from Crime No.977/2017
registered by the Nedumpuzha Police Station, Thrissur.
2. The petitioner has stated in the Criminal
Miscellaneous Case that he has got an opportunity to go
abroad for the purpose of employment. He is the holder of an
Indian passport which had a validity till 29.10.2025. In order
to renew the passport, the petitioner filed an application
seeking permission of the Trial Court. By Annexure A3 order,
the Trial Court allowed the above application, but granted the
petitioner permission to go abroad only for a period of one
year. As per Annexure A4 letter issued by the petitioner's
prospective employer, the petitioner's passport should have a
minimum validity of five years. Due to Annexure A3 order, the
petitioner would get a passport with a validity for one year.
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Therefore, Annexure A3 order may be set aside and the
petitioner may be granted a passport having a validity of five
years. Hence, the Criminal Miscellaneous Case.
3. I have heard the learned Counsel for the petitioner,
the learned Public Prosecutor and the learned DSGI.
4. Indisputably, by Annexure A3 order, the Trial Court
has granted permission to the petitioner to go abroad for one
year. In Annexure A4 letter the petitioner's prospective
employer has specifically mentioned that the petitioner's
passport should have validity of five years. Having granted the
petitioner permission to go abroad, I do not find any legal
impediment in the petitioner being issued with a passport
having a validity of five years, but subject to the condition that
the petitioner should file applications seeking permanent
exemption and also to avail the electronic video linkage as per
the Electronic Video Linkage Rules (Kerala ), 2021 ('Rules' in
short).
5. In Abhil C.R. v. State of Kerala [2025 KHC OnLine
1650], this Court has succinctly held that the accused persons
who are employed abroad can be permitted to avail the
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electronic video linkage as per the Rules. The above view has
been reiterated by this Court in Rameshan v. State of Kerala
(2025 (6) KHC 545). Therefore, unless the petitioner's
personal presence is required in the case, he can always be
permitted to avail the electronic video linkage. Thus, I am
satisfied that this is a fit case to exercise the inherent powers
of this Court under Section 528 of the BNSS.
In the aforesaid circumstances, the Criminal
Miscellaneous Case is allowed in the following manner.
(i) Annexure A3 order is modified, by permitting the
petitioner to be issued with a passport having a
validity of five years, subject to the condition that
the petitioner files applications before the Trial
Court within a week from today seeking exemption
and to avail the permanent electronic video linkage
as per the above Rule.
(ii) If such applications are filed, the Trial Court is
directed to consider and dispose of the applications
in accordance with law, keeping in mind the law
laid down in the aforecited decisions.
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(iii) In view of this order, the 2nd respondent is directed
to issue a passport to the petitioner having a
validity of five years.
(iv) The petitioner shall also file an undertaking before
the Trial Court not to dispute his identity in the
proposed trial and that he would appear before the
Trial Court, if his presence is absolutely imperative.
sd/-
C.S.DIAS, JUDGE
rkc/02.02.26
CRL.MC NO. 858 OF 2026
2026:KER:8538
APPENDIX OF CRL.MC NO. 858 OF 2026
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF CMP. NO. 1127/2025 IN SC
162/2020 ON THE FILES OF PRINCIPAL ASSISTANT
SESSIONS JUDGE, THRISSUR FILED BY THE
PETITIONER
Annexure A2 A TRUE COPY OF CMP. 1128/2025 IN SC 162/2020
ON THE FILES OF PRINCIPAL ASSISTANT SESSIONS
JUDGE, THRISSUR FILED BY THE PETITIONER
Annexure A3 CERTIFIED COPY OF COMMON ORDER DATED
OF THE PRINCIPAL ASSISTANT SESSIONS JUDGE,
THRISSUR
Annexure A4 A TRUE COPY OF LETTER ISSUED BY THE MANAGING
DIRECTOR, ORIENT ENERGY TRADING COMPANY, AL
KHOBAR SAUDI ARABIA DATED 27.12.2025
