Allowed

Jaleel Kalathil v. State of Kerala

Kerala HC8 Dec 2022Crl.MC/2023/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal miscellaneous petition filed by an accused challenging the rejection of his passport renewal. The Court set aside the magistrate's order, permitting passport renewal for one year to allow travel for employment, conditioning it on the execution of a bond, appointment of sureties, and furnishing travel details to ensure appearance in court when necessary.

What did the court decide?

The impugned order was set aside; the petitioner is permitted to renew his passport for one year subject to executing a bail bond for Rs. 2 lakhs with two sureties and furnishing travel details.

Jaleel Kalathil Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 8TH DAY OF DECEMBER 2022 / 17TH AGRAHAYANA, 1944

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CRL.MC NO. 2023 OF 2021

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CMP 134/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NADAPURAM
CRIME NO.557/2019 OF NADAPURAM POLICES STATION

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PETITIONER/ACCUSED NO.1:

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JALEEL KALATHIL
AGED 43 YEARS
S/O.POKKER HAJI, KALATHIL HOUSE, PERODE P.O.,
CHALAPPURAM AMSOM, PERODE DESOM, VATAKARA TALUK,
KOZHIKODE DISTRICT.

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BY ADVS.
P.MOHAMED SABAH
SRI.JOSE JOSEPH (CHEMPLAYIL)
SMT.SAIPOOJA

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RESPONDENTS/STATE AND RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.

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2 THE PASSPORT OFFICER PASSPORT OFFICE, ERNAHIPALAM, KOZHIKODE - 673 006.

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3 SUB INSPECTOR OF POLICE NADAPURAM POLICE STATION, NADAPURAM, KOZHIKODE - 673 504.

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ADDL.4 CONSULATE GENERAL OF INDIA AL HAMRIYA, DIPLOMATIC ENCLAVE P.O.BOX 737 DUBAI, UNITED ARAB EMIRATE

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ADDL.5 SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI – 110011

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ADDL R4 AND R5 ARE SUO MOTU IMPLEADED AS PER ORDER
DATED 04.11.2022 IN CRL.M.C.2023/22

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CRL.MC NO. 2023 OF 2021

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BY ADVS.

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SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.SUVIN R.MENON, CGC

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ADV. SREEJA V. - Sr. PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 08.12.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:

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CRL.MC NO. 2023 OF 2021

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3

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ORDER

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The petitioner is the 1^st accused in Crime No.557/2019 of Nadapuram Police Station. The grievance highlighted by the petitioner in this Crl.M.C. is in respect of the order passed by the Judicial First Class Magistrate Court, Nadapuram, in C.M.P. No.134/2021. As per the said order, the application submitted by the petitioner to get his passport renewed was dismissed. Annexure

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2 is the aforesaid order, and this Crl.MC. is filed challenging the same.

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When this Crl.M.C. came up for consideration, this Court passed an interim order on 07.05.2021, directing the passport authorities to renew his passport without insisting for permission from the Judicial First Class Magistrate Court, Nadapuram, for a period of one year. The passport was renewed after the said order, and the same is already expired. Subsequently, as the petitioner was in Sharjah while his passport expired, a further order was passed by this Court on 04.11.2022 directing the additional respondents 4 and

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5 to issue emergency travel documents to enable him to come back

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CRL.MC NO. 2023 OF 2021

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to India and surrender before the Judicial First Class Magistrate Court on or before 19.11.2022. However, as the petitioner received the travel documents after 19.11.2022, the last date fixed by this Court to surrender before the Judicial First Class Magistrate Court, Nadapuram, the petitioner could not appear within said time, but he undertakes that he will come to the native place on 15.12.2022.

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The prayer sought by the petitioner in this Crl.M.C. is to set aside the Annexure 2 order and grant permission for him to get his passport renewed for a period of two years.

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Heard Smt.Saipooja, learned counsel appearing for the

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petitioner and Smt.Sreeja V., learned Public Prosecutor for the State.

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After going through the records, it can be seen that the

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crime is of the year 2019, and the trial of the case is likely to take some time. The reason for the rejection of the application submitted by the petitioner for renewal was that if the petitioner is permitted to go abroad, there is a chance of the trial of the case getting interrupted. However, I am of the view that the aforesaid apprehension can be addressed by incorporating appropriate

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CRL.MC NO. 2023 OF 2021

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conditions for ensuring his appearance before the court as and when required. Merely because the petitioner was implicated in an offence, the right of the petitioner to go abroad for employment need not be curtailed. The said right forms part of his personal liberty, which is a fundamental right. The presence of the petitioner indeed is to be secured so as to ensure a fair trial. However, while addressing the necessity of the petitioner to travel for employment, it is also necessary to ensure his presence during the trial, and hence a balance needs to be maintained. As observed above, the crime is of the year 2019, and the trial of the same is likely to take some time. Therefore, there is no meaning in compelling the petitioner to be in India until the trial of the case is completed. Therefore, I am of the view that the prayer sought by the petitioner can be granted for which interference is required in Annexure 2 order.

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In the result, this Crl.M.C. is allowed, Annexure 2 order is set aside, and the petitioner is permitted to get his passport renewed for a period of one year from the date of its renewal, subject to the following conditions:

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CRL.MC NO. 2023 OF 2021

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(i) The petitioner shall execute a bond for Rs.2 lakhs with

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two solvent sureties each for the like sum to the satisfaction of the

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court concerned.

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(ii) The petitioner shall undertake that he shall appear

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before the court as and when necessary.

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(iii) Before leaving the country, the petitioner shall furnish copies of the travel documents and the details of his contact address

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abroad, email address and WhatsApp number before the court.

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Subject to the above this Crl.M.C. is disposed of.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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scs

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CRL.MC NO. 2023 OF 2021

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APPENDIX OF CRL.MC 2023/2021

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PETITIONER ANNEXURES
ANNEXURE 1TRUE COPY OF THE ORDER DATED
28/10/2019 IN CRL.MC.NO.1453/2019 ON
THE FILE OF THE LEARNED SESSIONS
COURT, KOZHIKODE.
ANNEXURE 2TRUE COPY OF THE ORDER DATED
23/03/2021 IN C.M.P.NO.134/2021 IN
CRIME NO.557/2019 OF NADAPURAM POLICE
STATION PASSED BY JFCM, NADAPURAM.

Jaleel Kalathil v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jaleel Kalathil v. State of Kerala

Case brief

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What did the court decide?

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