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2024 Supreme(Online)(KER) 26426

HIGH COURT OF KERALA
G. GIRISH, J
RENJITH – Appellant
Versus
1. STATE OF KERALA – Respondent


Advocates:
B.PRAMOD, ATHUL M.V., SRI. SANAL P RAJ, PP.

ORDER

The petitioner who is the accused in Crime No.1241/2020 of Changanasserry Police Station, a case registered under Sections 279 and 304(A) of Indian Penal Code, faces criminal prosecution in CC.No.68/2021 before the Judicial First Class Magistrate Court – I, Changanasserry. The petitioner approached the trial court for an order seeking permission to renew his passport, the validity of which would expire on August, 2024.

2. As per Annexure A5 order, the learned Magistrate permitted the petitioner to renew his passport subject to two conditions, which read as follows;

    “1. Petitioner shall file an affidavit to the effect that he shall not dispute his identity, if trial proceeds in his absence and shall always be represented by his lawyer.

2. Petitioner shall personally appear before the Court as and when directed and shall surrender his passport if it so requires.”

3. The learned counsel for the petitioner would contend that the petitioner is ready to abide by both the above conditions imposed by the trial Court. However, it is pointed out that the omission of the learned Magistrate to mention the period of renewal in Annexure A5 order would render the passport already issued invalid.

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