[Cites 3, Cited by 0]
Kerala High Court
Muhammed Emran vs State Of Kerala on 27 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2385 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
CRL.MC NO. 2385 OF 2026
AGAINST THE ORDER DATED 04.12.2025 IN CRMP 6991/2025 IN SC
NO.84 OF 2022 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL
APPELLATE AUTHORITY , PALAKKAD
PETITIONER/S:
MUHAMMED EMRAN
AGED 23 YEARS
S/O MUHAMMED, R/O VELUTHAKKATHODI HOUSE,
THENGUMVALAPPU, VALLPUZHA, CHERUPALASSERI, PALAKKAD,
PIN - 679336
BY ADVS.
SHRI.LATHEEF P.K.
SHRI.ALBIN T.O.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
CHERPULASSERI POLICE STATION, CHERPULASSERI P.O.,
PALAKKAD DISTRICT, PIN - 679503
3 THE REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, SHIHAB
THNGAL ROAD, ERNAKULAM SOUTH, KOCHI
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
CRL.MC NO. 2385 OF 2026
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OTHER PRESENT:
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2385 OF 2026
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C.S.DIAS, J.
---------------------------------------------
Crl.M.C. No.2385 OF 2026
-----------------------------------------------
Dated this the 27th day of March, 2026
ORDER
The petitioner is the 1st accused in SC No.84/2022 on
the file of the Additional Sessions Judge-III, Palakkad (Trial
Court), which has originated from Crime No.19/2020
registered by the Cherpulassery Police Station, Palakkad
alleging the commission of the offences punishable under
Sections 489 B and 489 C read with Section 34 of the Indian
Penal Code.
2. The petitioner has stated in the Crl.M.C. that he had
sought for permission of the Trial Court to travel abroad and
to renew the validity of his passport for two years. However,
the Trial Court had granted permission to go abroad only for a
limited period of six months. Subsequently, by Annexure-II
order, this Court modified the order passed by the Trial Court
and permitted the petitioner to travel abroad for a period of
two years. The time period granted by the this Court will
expire on 15.08.2026. Likewise, the validity of the petitioner's
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passport will also expire on 16.09.2026. In order to renew the
visa, the petitioner needs a passport which has a validity of
minimum of one year. In the above circumstances, he filed an
application before the Trial Court, which has been dismissed
by Annexure-III order on the ground that the application is
premature. Annexure-III order is unreasonable and
unjustifiable. The Trial Court had failed to take note of the fact
that the petitioner needs a passport with a validity of minimum
one year to get his visa renewed. Hence, the Crl.M.C.
3. I have heard the learned Counsel for the petitioner,
the learned Public Prosecutor and the learned DSGI.
4. By Annexure-II order dated 16.08.2023, this Court
had granted the petitioner permission to travel abroad for a
period of two years from the date of the order. Copy of the
petitioner's passport (Annexure-IV) shows that, it is valid till
16.09.2026. It is also the case of the petitioner that, in order
to renew his visa he needs a passport with a validity of one
year.
5. Admittedly, the charge in the case has not yet been
framed. Therefore, there is no likelihood of the trial in the case
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commencing in the near future.
6. 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
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.
7. Taking into consideration the above exposition of
law and the fact that the trial in the case has not yet
commenced, I am of the definite view that the petitioner's
passport can be permitted to be renewed for a further period
of two years, subject to the condition that the petitioner files
applications before the Trial Court seeking permanent
exemption and also to avail the electronic video linkage, in
case his presence is required for framing of charges and for
the trial of the case, and subject to the condition that the
petitioner files an undertaking that he would not dispute his
identity.
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In the aforesaid circumstances, I allow the Crl.M.C. in
the following manner:
(i) Annexure -III order is set aside.
(ii) The additional 3rd respondent is directed to renew
the validity of the petitioner's passport by a further
period of two years from the date of its issue,
subject to the condition that the petitioner files
applications before the Trial Court within two weeks
from today, seeking permanent exemption with a
specific undertaking that he would appear before
the Trial Court as and when directed and also to
avail the electronic video linkage as provided under
the Electronic Video Linkage Rules (Kerala ), 2021.
(iii) If the petitioner complies with the above conditions,
the petitioner is also permitted to stay abroad for a
period of two years during the validity of the
passport.
sd/-
C.S.DIAS, JUDGE
rkc
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APPENDIX OF CRL.MC NO. 2385 OF 2026
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE FIRST INFORMATION REPORT
DATED 29/01/2020 IN CRIME NO. 19/2020 OF THE
PALAKKAD TOWN POLICE STATION, PALAKKAD
DISTRICT
Annexure II A TRUE COPY OF THE JUDGMENT CRL.MC NO. 6924
OF 2024 DATED 16.08.2024 IS BEFORE THIS
HON'BLE COURT
Annexure III A TRUE COPY OF THE ORDER DATED 04.12.2025 IN
CRL.M.P. NO. 6991/2025 IN S.C. NO. 84/2022 OF
THE SESSIONS COURT, PALAKKAD
Annexure IV A TRUE COPY OF THE PRESENT PASSPORT ISSUED ON
17-09-2024
