IMPORTANT POINT
The right to travel abroad can be restricted in the interest of public safety and ongoing investigations, especially in serious criminal cases.

JUDGMENT :

(K. BABU, J.)

The prayers in the Original Petition are as follows:-

“a) Call for the records leading upto Ext.P4 and set aside the above said order by issuing an order or direction.

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 Vs Regional Passport Officer 2021[5] 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 allegation against the petitioner and the other accused are as follows:-In furtherance of their common intention to export narcotic drugs and psychotropic substances to Qatar, the petitioner and the other accused promised a job in Qatar to Sri. Kevin Mathew, a 23-year-old boy, son of the de facto complainant and, arranged a visiting visa for him. Kevin, carrying a bag containing narcotic drugs handed over by the petitioner and the other accused, without knowing the contents in it, landed in Qatar. The Qatar Police found 4 kgs of ganja in the bag in possession of Sri. Kevin and arrested him. Based on the statement given by the mother of Kevin, Erumely Police registered the present crime. The petitioner and the other accused are involved in human trafficking.

4. The petitioner filed an application under Section 22(a) of the Indian Passports Act, 1967, seeking permission to leave India before the Special Court where the FIR is pending. The learned Special Judge rejected the application, as per Ext.P3 order, taking into account the seriousness of the allegations levelled against the petitioner. The learned Special Judge held that as the investigation is only in the preliminary stage, granting permission to the petitioner to leave India is tantamount to modifying the conditions under which he was granted bail.

5. The petitioner then approached this Court challenging Ext.P3 order by filing Crl.M.C.No.8471 of 2022. As per order dated 02.03.2023, the Crl.M.C. was dismissed, with liberty to the petitioner to move the application afresh.

6. The petitioner again filed an application seeking permission to leave India before the Special Court. The Special Court, as per order dated 23.08.2024 (Ext.P4), rejected the application on the ground that the circumstances that existed at the time of dismissal of the earlier application had not changed.

7. I have heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned Deputy Solicitor General of India appearing for the passport authority.

8. The learned counsel for the petitioner submits that the petitioner has obtained a job in Abu Dhabi, and if he is not given permission to travel abroad, he may lose his employment. The learned Public Prosecutor opposed the application on the ground that in view of the allegations levelled against the petitioner if he is permitted to leave India, it will not be in the public interest. The learned DSGI also opposed the application on the ground that in view of the nature of allegations levelled against the petitioner, permitting the petitioner to go to a foreign country may affect the friendly relation between India and the other country.

9. The learned Public Prosecutor submitted that the investigation in the case has been transferred to the Crime Branch and is progre