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2024 Supreme(Online)(KER) 8074
HIGH COURT OF KERALA
K. Babu, J
SUMIT GOYAL – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 5651/2024
DEEPU THANKAN, UMMUL FIDA, VINEETHA BOSE, SRI. RAJESH.A SPECIAL GOVERNMENT PLEADER (VIGILANCE), SMT. REKHA (SENIOR PUBLIC PROSECUTOR)
The court has the discretion to release a passport to an accused person, subject to conditions, to facilitate the person's travel for legitimate purposes.
Headnote:
Passport - Criminal Miscellaneous Case - Sections 409, 420, 511, 366, 34, 120-B of IPC, Section 13(2) read with 13(1)(d) of Prevention of Corruption Act - Court allows release of passport to petitioner for 6 months to obtain Canadian visa, subject to conditions
Fact of the Case:
The petitioner is the accused in a criminal case registered by the Vigilance and Anti-Corruption Bureau (VACB) alleging offences under the Indian Penal Code and the Prevention of Corruption Act. The petitioner was released on bail earlier, with a condition to surrender his passport. The petitioner now seeks the release of his passport for 6 months to obtain a Canadian visa.
Finding of the Court:
The Court allows the release of the petitioner's passport for a period of 6 months, subject to the condition that the petitioner shall surrender the passport once the purpose is served. The Court also clarifies that the petitioner shall seek permission of the jurisdictional court if he intends to leave India.
Issues: Whether the petitioner should be allowed to retain his passport for a period of 6 months to obtain a Canadian visa.
Ratio Decidendi: The Court finds that the pendency of the investigation and the petitioner's arrest in the case will not stand in the way of him applying for a visa, if he is otherwise entitled. The VACB has also expressed no objection to the release of the passport, provided the petitioner surrenders it on his return.
Final Decision: The Crl.M.C. is allowed, and the Trial Court is directed to release the passport to the petitioner for a period of 6 months.
The prayer in this Crl.M.C. is as follows:
- “For these and other grounds to be urged at the time of the hearing, this Hon’ble Court may be pleased to direct the Enquiry Commissioner and Special Judge (Vigilance) Muvattupuzha to release the passport to the petitioner for a period of 6 months.”
2.The petitioner is the accused in V.C.No.1/2019 of VACB, Ernakulam registered alleging offences punishable under Sections 409 , 420, 511 & 366 read with Section 34 and Section 120-B of the Indian Penal Code and Section 13 (2) read with (1)(d) of the Prevention of Corruption Act, 1988 .
2.The petitioner was released on bail as per order dated 04.11.2019 in B.A. No.7575/2019 by this Court. One of the conditions, while ordering the release of the petitioner, was that, he shall surrender his passport before the Trial Court.
3.In compliance with the directions of this Court the petitioner surrendered his passport before the Trial Court.
4.The petitioner filed Crl.M.C No.4583 of 2024, (Annexure A9) seeking permission to apply for a US Visa. In Crl.M.C No.4583 of 2024, as per order dated 14.6.2024, this Court passed the following order:-
- “The petitioner has only sought permission to apply for a Visa. I find that the pendency of the investigation in the case and the fact that he had been arrested in connection with the case will not stand in the way of applying for Visa before the competent authorities, if he is otherwise entitled. Therefore, the petitioner is granted permission to apply for US Visa.”
5.Now, the petitioner submits that he will have to visit Canada also for a private purpose along with his daughter for which he has to obtain Canadian visa. It is submitted that for obtaining Canadian Visa, his Passport is to be surrendered to the Embassy and the processing of the Visa may take a period extending to six months. Therefore, the petitioner seeks a direction to the Trial Court to return the Passport for a period of six months.
6.The VACB has no objection in releasing the Passport, provided he will surrender the Passport on his return from the foreign country.
7.Therefore, the Crl.M.C is allowed. The Trial Court is directed to release the Passport to the petitioner. The petitioner is at liberty to retain the Passport for a period of six months from the date of release. He shall surrender the Passport once the purpose is served. It is made clear that the petitioner shall seek permission of the jurisdictional court, if he intends to leave India.
