IMPORTANT POINT
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 renew the passport without permission to go abroad.

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 following conditions while allowing permission to renew the passport:-

1. The petitioner shall execute a bond for Rs.30,000/-with two solvent sureties each for the like sum.

2. The petitioner shall furnish a cash security ofRs.3,000/-.

3. The petitioner shall produce a photocopy of the passport attested duly by himself and one witness upon obtaining the passport within one week of receipt of the same.

4. The petitioner shall ensure that the trial of the case is not delayed or protracted on account of his absence.

5. The petitioner shall appear before the court as and when required to do so.

6. The petitioner shall file affidavit to the effect that he will be duly represented by counsel holding vakalath and that he will not dispute hisidentity during trial.

6. Since prayer is for re-issuance/renewal of the passport, it seems that the conditions imposed by the learned Magistrate for the said purpose are onerous and unnecessary. When an accused seeks permission to renew his passport without permission to go abroad, in an appropriate case, the court can grant the relief sought to renew the passport for which onerous conditions are not necessary. Conditions to secure the presence of the accused for trial could very well be imposed while granting permission to the accused to go abroad during pendency of the criminal case. Therefore, the conditions in Annexure A2 are set aside and cancelled. Accordingly, the 2nd respondent is directed to consider the re-issuance of the passport as per GSR 570(E).

It is specifically made clear that the petitioner shall seek permission of the Magistrate Court, if he wants to go abroad and at this stage, the learned Magistrate is at liberty to impose necessary conditions, if permission will be granted to go abroad which are not so onerous, to ensure his return to India as perlaw, so as to finalise the trial.