IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 5^TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946 CRL.MC NO. 6974 OF 2024 CRIME NO.329/2010 OF TANUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT DATED 21.02.2024 IN CMP NO.565 OF

2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, PARAPPANANGADI PETITIONER/ACCUSED :

KABEER VAZHAPATT, AGED 52 YEARS S/O. HASSAN VAZHAPATT, TIRUR, MALAPPURAM DISTRICT – 676 101 BY ADVS. B.PREMOD ROY AKKARA RAJAN E. A.

RESPONDENTS/DE FACTO COMPLAINANT :

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

2 SUB INSPECTOR OF POLICE TANUR POLICE STATION, MALAPPURAM – 676 302.

SRI. NOUSHAD K. A. (PP)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

05.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J ......….............................................

Crl.M.C.No.6974 of 2024 …................................................

Dated this the 5^th day of September, 2024 ORDER Petitioner is the first accused in Crime No.329/2010 of Tanur Police Station, Malappuram. The offence alleged against the petitioner includes Section 498A of the Indian Penal Code, 1860. Petitioner remained aloof from the prosecution proceedings and had absconded. The case against the petitioner has now been transferred to the long pending register as L.P.No.52/2022.

2. In the meantime, petitioner’s passport expired. He approached the trial court with an application for permission to renew his passport. On the basis of submission on behalf of the petitioner that if the passport is renewed for one month, he will come back and participate in the trial, the trial court granted permission for renewal of his passport for one month. However, despite the said order dated 21.02.2024, petitioner did not renew the passport, and also failed to appear before the trial court. It is now submitted that unless the passport is renewed for a minimum period of one year, petitioner would not be able to secure his employment. It is further submitted that a period of nine months would be required, after renewal of the passport, for the petitioner to come down to India and participate in the trial.

3. I have heard Sri.B.Premod, the learned counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.

4. On a perusal of the order dated 21.02.2024 in CMP No.565/2024, it is noticed that, the petitioner had submitted to the trial court that if the passport is renewed for one month, he will come down to India and participate in the trial. The said submission made to the court has been blatantly violated as the petitioner failed to come down to India or participate in the trial and the crime against the petitioner still remains in the long pending register.

5. However, taking a lenient view of the matter, I am of the opinion that as a last opportunity, petitioner can be granted permission to renew his passport for one year.

6. Accordingly, the passport of the petitioner is permitted to be renewed for one year from today, on condition that the petitioner shall, within the said period of one year, appear before the trial court and participate in the trial.

7. It is clarified that under no circumstances, shall the petitioner’s passport be renewed beyond the period of one year unless and until he participates in the trial.

Crl.M.C.is disposed of with the above observations.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/05/09/2024 APPENDIX OF CRL.MC 6974/2024 PETITIONER ANNEXURES ANNEXURE 1 THE TRUE COPY OF THE ORDER IN CMP NO.

565/2024 IN LP NO. 52/2022 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAPPANANGADI.

ANNEXURE 2 THE TRUE COPY OF CMP NO. 257/2010 FILED BY SEENATH, THE WIFE OF THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAPPANANGADI.

ANNEXURE 3 THE TRUE COPY OF THE ORDER OF THE JUDICIAL FIRST CLASS MAGISTRATE PARAPPANANGADI IN CC NO. 1353/2010 DATED 26.08.2016.

ANNEXURE 4 THE TRUE COPY OF THE CMP N