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Shanid – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
The prayers in the Original Petition are as follows:-
b) Direct the 3rd respondent to decide the grant of issuance of passport to the petitioner dehors Ext.P4 order in view of the decision of this Hon’ble Court in Thadevoose v. Regional Passport Officer (2021 (5) KLT 531 = 2021[5] KHC 625 [Para No.22] that, ‘if no final report has been filed and no cognizance has not been taken therein and hence there is no criminal proceeding pending’ and therefore to pass orders on the application of the petitioner for passport within the timelimit fixed by this Hon’ble Court.
c) issue such other appropriate orders or directions as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.”
2. The petitioner is accused No.2 in Crime No.187/CB/KTM/2018 of Crime Branch Kottayam (originally registered as Crime No. 610/2018 of Erumely Police Station). He is alleged to have committed the offences punishable under Sections 370, 420 r/w Section 34 of the Indian Penal Code and Section 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The allegat
The right to travel abroad can be restricted in the interest of public safety and ongoing investigations, especially in serious criminal cases.
The right to travel abroad can be restricted in the interest of public safety and ongoing investigations, especially in serious criminal cases.
The right to travel abroad is a fundamental human right, and restrictions must comply with due process of law.
The right to travel abroad is a fundamental right under Article 21, subject to reasonable restrictions, and cannot be denied arbitrarily to an accused not convicted of any offense.
The mere pendency of a criminal case does not automatically bar passport issuance; personal liberty must be considered.
Point of law: Since in cases where time is not fixed by the Magistrate while granting permission, the Passport authorities are issuing passports only for one year, the period for which the accused ca....
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