[Cites 4, Cited by 0]
Kerala High Court
Afsal vs State Of Kerala on 20 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
Crl. M.C No. 10791 of 2025
2026:KER:16222
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
CRL.MC NO. 10791 OF 2025
CRIME NO.393/2020 OF Payangadi Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED 21.11.2025 IN CMP 7899/2025
IN LPC NO.46 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,PAYYANNUR
PETITIONER/S:
AFSAL,
AGED 39 YEARS
S/O ABDULLA, KOMBANTE VALAPPIL, PARAKKATT HOUSE ,
MATTOOL SOUTH, KANNUR DISTRICT, PIN - 670302
BY ADVS.
SRI.M.MUHAMMED SHAFI
SMT.T.RASINI
SMT.RAMEESA RASHEED
SMT.HIBA SHAMAR
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 UNION OF INDIA,
REP. BY SECRETARY,MINISTRY OF EXTERNAL
AFFAIRES ,NEW DELHI. (IS IMPLEADED AS ADDITIONAL
RESPONDENT NO.2 VIDE ORDER DTD: 02.12.2025 IN CRL
MA 1/2025 IN CRL MC 10791/2025)
Crl. M.C No. 10791 of 2025
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3 EMBASSY OF INDIA, KUWAIT ,
REP. BY AMBASSADOR OF INDIA,DIPLOMATIC ENCLAVE,
ARABIAN GULF STREET,P.O.BOX NO.1450, SAFAT-
13015,KUWAIT CITY, KUWAIT ( SOUGHT TO BE IMPLEADED
)
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA
OTHER PRESENT:
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.02.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl. M.C No. 10791 of 2025
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C.S.DIAS, J.
----------------------------------------
Crl. M.C No. 10791 of 2025
-----------------------------------------
Dated this the 20th day of February, 2026
ORDER
The petitioner is the accused in L.P.C
No.46/2021 on the file of the Court of Judicial First Class
Magistrate, Payyannur ('Trial Court', in short), which has
originated from Crime No. 393/2020 registered by the
Pazhayangadi Police Station, Kannur, alleging the
commission of the offences punishable under Sections
143, 147, 148, 341, 323, 326 and 308 r/w Section 149 of
the Indian Penal Code.
2. The petitioner has stated in the Criminal
Miscellaneous Case that, he is permanently employed in
Kuwait. The validity of his visa had expired on
01.09.2025. Accordingly, he approached the authorities
in Kuwait to renew his visa. As per the rules in Kuwait,
the petitioner's passport should have a validity of more
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than one year for renewing the visa. Accordingly, the
petitioner submitted an application for a renewal of
passport to the Indian Embassy/Mission in Kuwait.
However, the petitioner was informed to get a No
Objection Certificate from the Court, since he is an
accused in L.P.C. No. 46/2021. Consequently, the
petitioner filed an application before the Court of the
Judicial First Class Magistrate, Payyannur, seeking
permission to renew his passport. Nonetheless, by
Annexure IV order, the learned Magistrate had dismissed
the application on the ground that the petitioner has
never appeared before the said court. Moreover, the
petitioner's passport will expire on 09.05.2026. Hence,
the Court was not inclined to grant a No Objection
Certificate in favour of the petitioner. Annexure IV order
is ex facie erroneous and unsustainable in law. Hence,
the Crl.M.C.
3. I have heard the learned counsel for the
petitioner, the learned Public Prosecutor and the learned
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DSGI.
4. The crime against the petitioner was
registered in the year 2020. Admittedly, the petitioner
has not appeared before the said Court and has not got
himself enlarged on bail till date. The case against him
has been transferred to the long-pending register, and
steps under Sections 82 and 83 Cr.P.C. have been
initiated against him.
5. In Balmukund Singh Gautam v. State of
Madhya Pradesh, [2026 INSC 157], the Hon'ble
Supreme Court has categorically held that if coercive
proceedings, including non-bailable warrants, are issued
against the accused, the High Courts may decline to
invoke the exercise its inherent powers. The Hon'ble
Supreme Court has categorically held that if an accused
has been absconding for a considerable period of time, it
would be a mockery of the judicial process to exercise
the inherent powers of this Court.
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6. Taking into consideration the fact that there
is a long-pending case against the petitioner and the
validity of the petitioner's passport will expire on
09.05.2026. I do not find any error in Annexure IV
warranting interference by this Court under Section 528
of the BNSS.
In the aforesaid circumstances, the Crl.M.C. is
dismissed, but without prejudice to the right of the
petitioner to appear before the Trial Court and get
himself enlarged on bail.
Sd/-
Srs/20.02.2026 C.S.DIAS, JUDGE
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APPENDIX OF CRL.MC NO. 10791 OF 2025
PETITIONER ANNEXURES
Annexure I COPY OF THE PASSPORT NO. N 9721200 ISSUED
FROM KUWAIT TO THE APPLICANT DATED
10.05.2016
Annexure II COPY OF THE PASSPORT FEE RECEIPT ISSUED
FROM THE JALEEB AL SHUYOUKH CENTRE, KUWAI
DATED 14.10.2025
AnnexureIII COPY OF THE PETITION IN C.M.P
NO.7899/2025 IN L.P.C.NO.46/2021 ON THE
FILES OF JFCM COURT, PAYYANNUR
Annexure IV COPY OF THE ORDER IN C.M.P NO.7899/2025
IN L.P.C.NO.46/2021 ON THE FILES OF JFCM
COURT, PAYYANNUR DATED 21.11.2025
