Allowed

Mailakkattu Vaghese Uthup v. Central Bureau of Investigation

Kerala HC2 Feb 2023Crl.MC/122/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous case filed by an accused outside India seeking permission to renew his passport. The court permitted renewal for three years without re-appearance, subject to future permission for travel.

What did the court decide?

Permission granted to renew the passport for a period of three years without coming to India.

Mailakkattu Vaghese Uthup Vs Central Bureau of Investigation — Bail and Remand | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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THURSDAY, THE 2^ND DAY OF FEBRUARY 2023 / 13TH MAGHA, 1944

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CRL.MC NO. 122 OF 2023

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C.C.NO.1/2017 ON THE FILES OF THE SPECIAL COURT (SPE/CBI)-III, ERNAKULAM

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PETITIONER/ACCUSED NO.3:

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MAILAKKATTU VAGHESE UTHUP, AGED 54 YEARS S/O THOMAS VARGHESE, MAILAKKATTU HOUSE, PUTHUPALLY P.O., KOTTAYAM, PIN - 686011

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BY ADVS. S.RAJEEV V.VINAY M.S.ANEER SARATH K.P. PRERITH PHILIP JOSEPH ANILKUMAR C.R.

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RESPONDENTS/STATE:

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1 CENTRAL BUREAU OF INVESTIGATION REP BY STANDING COUNSEL, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 (CRIME NO. RC 5(A)/2015-CBI/ACB/COCHIN)

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2 REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE ERNAKULAM, PANAMPILLY NAGAR PO, COCHIN, KERALA, PIN - 682036

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SRI.S.MANU, DSG

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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02.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 122 OF 2023

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O R D E R

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This Crl.M.C has been filed by the petitioner seeking permission to renew his passport for a period of five years.

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The petitioner is the accused in C.C.No.1/2017 on the files of the Special Court (SPE/CBI)-III, Ernakulam (for short 'the court below'). The offences alleged against the petitioner are punishable under Section 120B r/w Sections 384 and 420 of IPC and Sections 13(2) r/w 13(i)(d) of the P.C Act and Sections 25 r/w 24 of Emigration Act. During crime stage, passport of the petitioner was seized and it was produced before the court below. While granting bail to the petitioner, one of the bail conditions imposed was that the petitioner shall not leave India without permission of the court below. The daughter of the petitioner is at UAE. It is alleged that the daughter of the petitioner is suffering from serious illness. In order to meet his daughter, the petitioner sought permission of the court below to go abroad and accordingly permission was granted to the petitioner to go abroad and he was directed to re surrender the passport on 24.02.2023. The petitioner is at present abroad. The passport of the petitioner would expire on 14.04.2023. It is in these circumstances, the petitioner has

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CRL.MC NO. 122 OF 2023

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filed the above Crl.M.C seeking permission to renew his passport for a period of five years.

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The 1^st respondent has filed a detailed objection strenuously opposing the prayer. It is stated that the attempt of the petitioner is to evade his personal appearance before the court below. It is also alleged that the petitioner has numerous connections at UAE and he may take this opportunity to flee the country.

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I have heard Sri.S.Rajeev, the learned counsel for the petitioner and Sri.S.Manu, the learned DSGI.

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It is not in dispute that the petitioner's passport would expire on 14.04.2023. Necessarily, the application for renewal of

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passport has to be made in advance. The court below already granted permission to the petitioner to remain outside India till 24.02.2023. The learned counsel for the petitioner submitted that the petitioner would be filing a petition to extend the said period. The limited prayer of the petitioner is to grant permission to him to apply for renewal of

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passport without coming to India. Having heard both sides, I am of the view that the said prayer can be allowed.

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In the result, this Crl.M.C is allowed. The petitioner is granted

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CRL.MC NO. 122 OF 2023

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permission to renew his passport for a period of three years. It is made clear that the petitioner has to seek permission of the court below to go abroad in future till the disposal of the case.

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Sd/- DR.KAUSER EDAPPAGATH, JUDGE

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CRL.MC NO. 122 OF 2023

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APPENDIX OF CRL.MC 122/2023

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PETITIONER'S ANNEXURES:

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ANNEXURE-I A TRUE COPY OF THE ORDER IN BA NO 4615 OF 2017 DATED 10.08.2017 ANNEXURE-II A TRUE COPY OF THE ORDER IN CRL M. APPL. 1/2019 IN BA NO 4615/2017 DATED 22.08.2019 ANNEXURE-III A COPY OF THE ORDER DATED 21.11.2022 PASSED BY ADDITIONAL SPECIAL SESSIONS JUDGE (SPE/CBI)-III, ERNAKULAM ANNEXURE-IV A TRUE COPY OF THE FRONT PAGE OF THE PASSPORT OF THE PETITIONER

Mailakkattu Vaghese Uthup v. Central Bureau of Investigation

Case brief

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Mailakkattu Vaghese Uthup v. Central Bureau of Investigation

Case brief

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