[Cites 2, Cited by 0]
Kerala High Court
Unnikrishnan Namboothiri vs State Of Kerala on 16 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:3650
CRL.MC NO. 71 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 16TH DAY OF JANUARY 2026 / 26TH POUSHA, 1947
CRL.MC NO. 71 OF 2026
AGAINST THE ORDER/JUDGMENT DATED 03.10.2025 IN CC NO.112
OF 2016 OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
PETITIONERS/1ST AND 3RD ACCUSED:
1 UNNIKRISHNAN NAMBOOTHIRI
AGED 57 YEARS
KIZHAKKEDATH MANA, PARAKKADAVU P.O, ERNAKULAM
DISTRICT, PIN - 683579
2 MINI
AGED 55 YEARS
W/O. UNNIKRISHNAN NAMBOOTHIRI. KIZHAKKEDATH MANA,
PARAKKADAVU P.O, ERNAKULARN DISTRICT, PIN - 683579
BY ADV SRI.K.R.SUNIL
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
THROUGH THE SUB INSPECTOR OF POLICE, CENTRAL POLICE
STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, PIN - 682031
2 THE PASSPORT OFFICER
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2
REGIONAL PASSPORT OFFICE, KOCHI, ERNAKULAM DISTRICT,
PIN - 682026
3 THE HEAD OF CHANCERY
INDIAN EMBASSY, BUDAPEST, HUNGARY REPRESENTED BY THE
ADDITIONAL SOLICITOR GENERAL, HIGH COURT OF KERALA,
PIN - 682031
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
16.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 71 OF 2026
3
C.S.DIAS,J.
====================
Crl. M.C.No. 71 of 2026
------------------------------------ --
Dated this the 16th day of January, 2026
ORDER
The petitioners are the accused 1 and 3 in C.C.No.112
of 2016 on the file of the Chief Judicial Magistrate Court,
Ernakulam ('Trial Court', in short), which has originated
from Crime No.1225 of 2015 registered by the Central
Police Station, Ernakulam, alleging the commission of the
offences punishable under Sections 120B, 406, 420 and
477A read with Section 34 of the Indian Penal Code.
2. The petitioners state that they are husband and
wife and are residing in Bosania and Montenegro. The
petitioners have valid Indian passports. The 1st petitioner's
passport is valid till 21.08.2029 and the 2 nd petitioner's
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CRL.MC NO. 71 OF 2026
passport is valid till 31.05.2027. However, the pages of the
passport are exhausted. Therefore, the petitioners had
approached the 3rd respondent to reissue fresh passports to
them, with a validity of 10 years. However, the 3 rd
respondent demanded the petitioners to obtain permission
from the court where the case is pending. Although the
petitioners filed an application for permission to renew the
passports, the Trial Court, by Annexure A2 order, has
directed the passports to be re-issued only with a validity
period as per the current passports. Annexure A2 order is
unreasonable and unjustifiable. If the petitioners are
reissued with fresh passports with validity only as per their
current passports, the same may adversely affect the
petitioners' right of residence in their present Country, in
view of the rules of the said Country. Therefore, Annexure
A2 order may be modified and the competent authority of
the 3rd respondent be directed to reissue the passports in
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favour of the petitioners with a validity for a further period
of 10 years.
3. I have heard the learned counsel for the
petitioners, the learned Public Prosecutor and the learned
DSGI appearing for the respondents 2 and 3.
4. On going through Annexure A2, I find that the
Trial Court has, in principle, ordered the petitioners'
passports to be re-issued.
5. The petitioners' limited relief is that their
passports shall be re-issued with a validity of 10 years. I
find the above submission to be reasonable and justifiable.
Moreover, I find that the petitioners have also got
themselves enlarged on bail as per the directions of this
Court in Crl.M.C.No.9802 of 2024. Therefore, there is no
question of the petitioners' fleeing from justice.
Nonetheless, in order to ensure that the petitioners
participate in the ensuing trial, I am of the definite view
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CRL.MC NO. 71 OF 2026
that the petitioners should be directed to file applications
for permanent exemption and to avail the electronic video
linkage as per the Electronic Video Linkage Rules for
Courts (Kerala), 2021, through their counsel, to ensure that
the trial is not affected.
In the aforesaid circumstances, I allow the Crl.M.C. in
the following manner:
i) Annexure A2 order is modified, by directing the
competent authority of the Indian Embassy in
Budapest to reissue the passports to the petitioners
with a validity of 10 years from the date of issue
ii) The petitioners shall file applications through their
counsel before the Trial Court, within 10 days from
today, for their permanent exemption and also to avail
the electronic video linkage, with the specific
undertaking that the petitioner shall not dispute their
identity in the trial; and
iii) If the above 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
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down by this Court in Rameshan v. State of Kerala
(2025 (6) KHC 545), Satheesan v. State of Kerala (2025
KHC Online 2154) and Manoj T.K. v. State of Kerala
(2024 (1) KHC 234).
SD/-
C.S.DIAS, JUDGE
dkr
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CRL.MC NO. 71 OF 2026
APPENDIX OF CRL.MC NO. 71 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF CRL. M.P. NO. 7087 OF 2025
IN C.C NO.112 OF 2016 FILED BEFORE THE
CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
Annexure A2 THE ORDER DATED 3.10. 2025 IN CRL.MP.NO
7087 OF 2025 IN C.C NO 112 OF 2016 OF THE
CHIEF JUDICIAL MAGISTRATE ERNAKULAM
