A. BADHARUDEEN
Jesmon Joy Karippery – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Annexure A2 order in CMP No.712/2024 in C.C.No.629/2019 passed by the Judicial First Class Magistrate-I, Aluva dated 15.03.2024 is the subject matter of this Crl.M.C., whereby the petitioner impugns conditions imposed in the order while granting permission to renew the passport.
2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned Senior Panel Counsel appearing for the 2nd respondent.
3. It is argued by the learned counsel for the petitioner that the conditions imposed by the trial court as per the impugned order are onerous and unwarranted, while granting permission to renew the passport, though those conditions can be considered while granting permission to go abroad. Therefore, the conditions would require interference.
4. The learned Public Prosecutor also submitted that the conditions imposed while granting permission to renew the passport are onerous. The learned Senior Panel Counsel appearing for the 2nd respondent, Regional Passport Officer, submitted that in this matter, renewal of the passport does not arise, but re-issuance of the passport is the required process.
5. On perusal of the order, the learned Magistrate imposed the
Conditions to secure the presence of the accused for trial could be imposed while granting permission to go abroad, but such onerous conditions are not necessary when an accused seeks permission to r....
Conditions for passport renewal should not be excessively burdensome when the accused is not seeking to travel abroad; appropriate conditions can be imposed when permission to travel is requested.
The court highlighted the balance between legal restrictions and the practical needs of an accused in conducting business.
A criminal accusation alone cannot deny an individual's right to passport renewal; such decisions require a case-specific analysis.
The court held that a petitioner could seek renewal of a passport without breaching bail conditions if no permission to leave the jurisdiction was required.
The court maintains discretion to modify conditions imposed on passport renewal, increasing validity periods for business purposes, provided the accused offers an undertaking to strictly adhere to tr....
Mere pendency of criminal case does not bar passport renewal when court permits travel abroad.
The court reinforced the right to travel abroad as constitutionally protected, allowing passport renewal amidst ongoing trial delays.
Eligibility for passport renewal under exceptional circumstances of ongoing legal proceedings is recognized.
The necessity to issue a valid passport to renew a visa must align with legal provisions and the petitioner's circumstances.
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