The court highlighted the balance between legal restrictions and the practical needs of an accused in conducting business.

JUDGMENT

Petitioner is the 1st accused in C.C. No. 51 of 2020 pending before the Judicial First Class Magistrate's Court-III, North Paravur where he faces allegations under Sections 341 , 294(b), 506(i) read with Section 34 of the IPC .

2. According to the learned counsel, on his application by Ext. P7 order he was permitted to renew the passport for a period of five years. But ultimately the Court held that he shall not go abroad without prior permission of the Court. According to the learned counsel, petitioner is running a travel agency by name Akbar Travels, in connection with the business he will have to travel abroad frequently and such a condition causes considerable prejudice and inconvenience to him. Referring to Ext.P5 order which was issued on similar circumstances, it was pointed out that no such condition has been imposed. According to the learned counsel, registration of the crime is the aftermath of a dispute with the tenant, that the Rent Control proceedings are in progress.

3. After hearing counsel on both sides, I am of the view that such a condition, condition in paragraph 11 in Ext.P7 order is onerous. Once permission to renew passport for five years is granted, there is an implied permission to leave the country and remain abroad. Anyhow it is a case of the year 2020. Since the petitioner requires frequent travel abroad, it may not be practical to seek permission every time from the Court concerned. Therefore the condition in paragraph 11 of the order shall stand lifted. However, it is made clear that whenever the petitioner goes abroad his itinerary shall be intimidated to the Court with a copy to the Public Prosecutor. Moreover, he will give an undertaking by way of affidavit, before the trial Court that he will appear before the Court as and when necessary; he shall also furnish his contact address, WhatsApp number, e-mail address, etc., to the CMO of the Court with a copy to the Public Prosecutor.

The O.P.(Crl) is disposed of as above.

Sd/-

K. HARIPAL JUDGE

RMV/17/01/2022

APPENDIX OF OP(CRL.) 540/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO.1681/2018 ON THE FILE OF NORTH PARAVUR POLICE STATION, DATED 4.9.2018 Exhibit P2 TRUE COPY OF THE PASSPORT APPLICATION FROM SUBMITTED BY THE PETITIONER TO THE MINISTRY O EXTERNAL AFFAIRS WITH REFERENCE NO.21-1003836047, DATED 14.7.2021 Exhibit P3 TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT WITH APPLICATION REFERENCE NO.21-1003836047 ISSUED FROM THE MINISTRY OF EXTERNAL AFFAIRS TO THE PETITIONER Exhibit P4 TUE COPY OF THE PETITION FILED UNDER SECTION 6(2) OF THE Passport Act, 1967 SEEKING NO.OBJECTION TO ISSUE PASSPORT, BEFORE THE COURT OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS-I, NORTH PARAVUR BEARING C.M.P.NO.949/2021 IN CRIME NO.689/2021 OF NORTH PARAVUR POLICE STATION.

Exhibit P5 TRUE COPY OF THE ORDER IN C.M.P.NO.949/2021 IN CRIME NO.689/2021 OF NORTH PARAVUR POLICE STATION PASSED BY THE COURT OF COURT OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS-I, NORTH PARAVUR, DATED

16.11.2021 Exhibit P6 TRUE COPY OF THE PETITION FILED UNDER SECTION 6(2) OF THE Passport Act, 1967 SEEKING NO OBJECTION TO ISSUE PASSPORT, BEFORE THE COURT OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS-I, NORTH PARAVUR BEARING C.M.P.NO.686/2021 IN CRIME NO.1681/2018 OF NORTH PARAVUR POLICE STATION AND CC NO.51/20 Exhibit P7 TRUE COPY OF THE ORDER IN C.M.P.NO.686/2021 IN CRIME NO.1681/2018 OF NORTH PARAVUR POLICE STATION AND CC NO.51/20 PASSED BY THE COURT OF THE HON'BLE JUDICIAL MAGISTRATE OF FIRST CLASS -III, NORTH PARAVUR, DATED

30.11.2021 TRUE COPY P.A.TO JUDGE