The High Court of Kerala granted leave to the petitioner, a 4th accused in a criminal case, to apply for a passport valid for two years for employment purposes, modifying the travel duration to one year. All other conditions of the earlier stay order were retained.
Permission granted to apply for a two-year valid passport; actual travel abroad limited to one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2016/18TH KARTHIKA, 1938
Crl.MC.No. 3451 of 2016 () --------------------------C.C.NO.238 OF 2012 OF JMFC-II, ATTINGAL
CRIME NO. 906/2011 OF KILIMANOOR POLICE STATION , THIRUVANANDAPURAM
PETITIONER(S)/4TH ACCUSED :
SHIBI S/O. BABU, PADINJATTATHIL VEEDU, NEAR LMLPS, PORUNTHAMAN, VAMANAPURAM DESOM, PULIMATHU VILLAGE.
BY ADVS.SRI.K.SIJU SRI.S.ABHILASH SMT.S.SEETHA
RESPONDENTS/STATE :
1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.31
2. THE PASSPORT OFFICER REGIONAL PASSPORT OFFICE, THIRUVANANTHAPURAM.
R1 BY PUBLIC PROSECUTOR SRI. AMJAD ALI.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3451 of 2016 () ---------------------------
APPENDIX
PETITIONER'S ANNEXURES
ANNEXURE 1 COPY OF THE FIR AND FINAL REPORT IN CRIME NO.906/2012 OF KILIMANOOR POLICE STATION.
ANNEXURE 2 A COPY OF THE ORDER DTD.10.5.2016 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE TEMPORARY COURT, ATTINGAL. (IN CHARGE OF JFMC-II, ATTINGAL).
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A.TO JUDGE.
kp
RAJA VIJAYARAGHAVAN.V., J
ORDER
Crl.M.C. No.3451 of 2016 -2-
validity period of at least two years. It is submitted that the petitioner can appear before the court as directed in Annexure-2 at any point of time.
5.I have considered the submissions advanced.
6.In modification of Annexure-2 order, it is ordered that the petitioner shall be permitted to apply for issuance of passport having a validity period of two years. However, the permission to travel abroad shall be only for a period of one year as directed by the court below in Annexure-2. After the expiry of the said period, the petitioner shall approach the court below, if orders are required, and the court below shall be at liberty to pass appropriate orders without referring the matter to this Court. All other conditions shall remain as such.
This petition is disposed off.
Sd/-/-
RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-9.11.16
2 issues framed by the court
Whether the petitioner, a 4th accused in a criminal trial, should be permitted to apply for a passport valid for two years to secure employment abroad.
Whether the permission to travel abroad should be modified to a period of one year while maintaining other conditions of the earlier order.
Shibi S/O. Babu
State of Kerala
Raja Vijayaraghavan.V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
