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2012 Supreme(Ker) 774

S.S.SATHEESACHANDRAN
Muhammed – Appellant
Versus
State of Kerala Represented by the Public Prosecutor – Respondent


Advocates appeared:
For the Petitioner:Babu S. Nair, Advocate.
For the Respondents: R1, R. Rema, Public Prosecutor, R2, P. Parameswaran Nair, ASG of India.

Judgment :-

S.S. Satheesachandran, J.

1. Petitioner is the accused in Crime No.54 of 2012 of Chalissery Police Station, registered for offences punishable under Section 419, 420, 465, 468 and 471 of the Indian Penal Code (for short “the IPC”) and Section 12(1) (b) of the Indian Passports Act, 1967. investigation of that crime is in progress.

2. The crux of the allegations imputed against the petitioner is that he obtained a passport in the name of another and using such passport went abroad, and remained in Soudi Arabia for nearly a decade. He is alleged to have renewed that passport obtained in a fictitious name. On his return from Soudi Arabia he was arrested, and the aforesaid crime was registered by the police. Petitioner applied for permission to get a passport in his name stating that his business operations in Soudi Arabia required his going over to that place at least for a short period. Communication received from the passport officer that authority shall abide by the orders of the court over the issue of passport in the name of the petitioner during the pendency of the crime, was also canvassed by him to contend that authority has no objections in issuing him a passport in







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