Allowed

Shri. Thomas, Mathew @ Tom Mathew, v. the Central Bureau of Investigation

Kerala HC5 Mar 2024Crl.MC/1536/2024

Case brief

AI extract

What is this about?

A CBI case 4th accused sought permission to obtain a fresh passport for ten years after losing his renewed passport. The trial court permitted only a three-year passport without sufficient reasons; the High Court set aside that order and granted permission for a ten-year passport, subject to court permission for foreign travel.

What did the court decide?

Impugned order set aside; permission granted to obtain passport for ten years, subject to no travel abroad without court permission.

Shri. Thomas, Mathew @ Tom Mathew, Vs the Central… — Criminal Trial and Appeal | Kerala HC (2024)

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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 K. BABU

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TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
CRL.MC NO. 1536 OF 2024

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AGAINST THE ORDER/JUDGMENT DATED 02.02.2024 IN CC NO.4 OF 2017
 OF SPE/CBI - III, ERNAKULAM
PETITIONER/4TH ACCUSED:

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SHRI. THOMAS, MATHEW @ TOM MATHEW,
AGED 45 YEARS
S/O P.J MATHEW, FLAT NO. 405, 4TH FLOOR,
KINGS APARTMENTS, NEXT TO JW MARIOTT HOTEL,
JUHU TARA TARA ROAD,JUHU, MUMBAI-, PIN - 400049
BY ADVS.
P.MARTIN JOSE
P.PRIJITH
THOMAS P.KURUVILLA
R.GITHESH
AJAY BEN JOSE
MANJUNATH MENON
SACHIN JACOB AMBAT
ANNA LINDA EDEN
KARTHIKA SAROJ
HARIKRISHNAN S.
S.SREEKUMAR (SR.)
M.A.MOHAMMED SIRAJ

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RESPONDENT:

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THE CENTRAL BUREAU OF INVESTIGATION,
REPRESENTED BY ITS STANDING COUNSEL,
HIGH COURT OF KERALA-, PIN - 682031

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 SRI. SREELAL WARRIER – SC

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 1536 OF 2024

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..2..

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K.BABU, J.

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======================

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Crl.M.C. No.1536 of 2024

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====================== Dated this the 5^th day of March, 2024

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O R D E R

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The challenge in this Crl.M.C. is to the order dated

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02.02.2024 in Crl. MP No. 117 of 2024 in C.C. No. 4 of 2017 passed by the Special Sessions Judge, (SPE/CBI)-III, Ernakulam.

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The petitioner is the 4^th accused. He is alleged to have committed offences under Sections 120B and 420 of the Indian Penal Code, 1860, Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 24 of the Emigration Act, 1983.

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The petitioner applied for a no objection certificate for the re-issuance of a passport for a period of ten years. As per the order dated 09.02.2022 in Crl.M.P. No.2 of 2022, the Trial Court had directed the passport authorities to renew the passport for a period of ten years. It was also made clear that the petitioner shall not go abroad without seeking the permission from the Court.

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CRL.MC NO. 1536 OF 2024

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..3..

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It is submitted that the petitioner lost his

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passport.

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Based on the order dated 09.02.2022 in Crl.M.P. No. 2 of 2022, the petitioner filed Crl.M.P. No.117 of 2024 seeking the issuance of a fresh passport. As per the impugned order, the Trial Court granted permission to the petitioner to obtain a passport for a period of three years only.

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Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the CBI.

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The learned Standing Counsel appearing for the CBI opposed the application.

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After considering all the relevant aspects, the Trial Court as per order dated 09.02.2022 had granted permission to the petitioner to renew the passport for a period of ten years. In the impugned order no sufficient reasons have been canvassed by the Trial Court for limiting the period to three years.

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Therefore, the impugned order stands set aside. The petitioner is granted permission to obtain a passport for

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CRL.MC NO. 1536 OF 2024

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..4..

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a period of ten years. The passport authority shall consider the application that may be submitted by the petitioner in accordance with law. The petitioner shall not go abroad without seeking permission from the court concerned.

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The Crl.M.C. is allowed as above.

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Sd/- K.BABU, JUDGE

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CRL.MC NO. 1536 OF 2024

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..5..

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APPENDIX OF CRL.MC 1536/2024

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PETITIONER ANNEXURES :

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ANNEXURE ATRUE COPY OF C.M.P NO. 117 OF 2024 IN
C.C. NO. 4 OF 2017 OF SPECIAL COURT
(SPE/CBI )III- ERNAKULAM.
ANNEXURE BTRUE COPY OF OBJECTION FILED BY THE
CBI/RESPONDENT.
ANNEXURE CCERTIFIED COPY OF THE ORDER DATED 02-
02-2024 IN CRL.M.P. NO. 117 OF 2024 IN
C.C. NO. 4 OF 2017 OF THE ADDITIONAL
SPECIAL SESSIONS JUDGE, (SPE/CBI)-III,
ERNAKULAM.

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// True Copy // PA To Judge

Shri. Thomas, Mathew @ Tom Mathew, v. the Central Bureau of Investigation

Case brief

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What did the court decide?

Shri. Thomas, Mathew @ Tom Mathew, v. the Central Bureau of Investigation

Case brief

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What did the court decide?

What the court decided

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