The court emphasized the importance of balancing legal obligations with humanitarian considerations, allowing passport renewal in light of pending criminal proceedings.

O R D E R

Dated this the 12^th day of June, 2025 The Crl.M.C is filed aggrieved by Annexure 7 order by which the petitioner’s application for renewal/ re-validation of his Passport by two years, stands rejected. The short facts are as under;

Petitioner is the accused in L.P No.112 of 2024 pending on the files of the Judicial Magistrate of First Class-II, Kottarakkara, which originated from a crime registered against him alleging commission of the offences under Sections 498A and 324 of the Indian Penal Code . The petitioner has been working in Kuwait for the past many years. The validity of his Visa expired on 23.05.2025 and his Passport is valid only till 10.01.2026. Although petitioner approached the Indian Embassy at Kuwait for re-validation of his Passport for two years, which is essential for extension of his Visa, the Passport was not renewed due to pendency of the criminal case. Hence, petitioner approached the jurisdictional Magistrate seeking re-

validation/ renewal of his Passport.

2. Learned Counsel for the petitioner submits that dismissal of the application for renewal of Passport is unjustified, since the petitioner’s failure to appear in court is not willful. It is submitted that the petitioner is willing to appear and surrender before the court, but is apprehensive that his application for bail will not be considered on the day of surrender. As the Passport has been submitted to the Indian Embassy at Kuwait for the purpose of renewal, the petitioner will be able to travel to India only on the Passport being returned.

3. Learned Central Government Counsel submitted that if the Passport of an Indian citizen has expired, an emergency certificate can be issued, but in the petitioner’s case, the Passport is valid up to

10.01.2026.

4. I heard the learned Public Prosecutor also.

5. The offences alleged against the petitioner are those punishable under Sections 498A and 324 of IPC , arising from matrimonial disputes between the petitioner and his wife. As the petitioner is employed abroad and his Visa has expired, for the renewal of which the Passport should be valid for at least two years, a lenient view is to be taken in the matter.

Accordingly, the Crl.M.C is disposed of with the following directions;

i) On the petitioner submitting a proper request, the officer concerned in the Indian Embassy at Kuwait shall return his Passport.

ii) Once the Passport is returned, the petitioner shall return to India and surrender before the jurisdictional court within 30 days.

iii) If petitioner surrenders within the time granted, his bail application shall be considered on the day of surrender itself.

iv) Execution of the non-bailable warrant pending against the petitioner shall be kept in abeyance for two months.

v) If, after complying with the above directions, the petitioner moves an application for renewal of his Passport, the learned Magistrate shall pass appropriate orders thereon, uninfluenced by the observations in Annexure 7 order.

Sd/-

V.G.ARUN JUDGE ARK APPENDIX OF CRL.MC 4864/2025 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE PASSPORT NO. N 5913924 ISSUED BY THE 3RD RESPONDENT BELONGS TO THE PETITIONER ANNEXURE 2 TRUE COPY OF THE VIZA (CIVIL I.D CARD) NO.

268052907023 ISSUED BY THE STATE OF KUWAIT BELONGS TO THE PETITIONER ANNEXURE 3 TRUE COPY OF THE LETTER RECEIVED BY PETITIONER FROM THE 2ND RESPONDENT OFFICE BEARING NO. KUW/CONS/OBJ/1560/2025 DATED

07.05.2025 ANNEXURE 4 TRUE COPY OF THE F.I.R IN CRIME NO. 1540/2021 OF THE 4TH RESPONDENT POOYAPPALLY POLICE STATION, KOLLAM DISTRICT DATED 24.11.2021 ANNEXURE 5 TRUE COPY OF THE JUDGEMENT DATED 23.05.2025 IN CRLM.C NO. 4264/2025 OF THIS HONORABLE COURT ANNEXURE 6 TRUE COPY OF THE PETITION FILED UNDER SECTION

22 OF THE Indian Passport Act AND U/S 355(2) BNSS, 2023 DATED 26.05.2025 IN CRL.M.P NO.1411/2025 IN L.P NO. 112/2024 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOTTARAKKARA ANNEXURE 7 TRUE COPY OF THE ORDER DATED 27.05.2025 IN CRL.M.P NO.1411/