IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 7^TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943 CRL.MC NO. 3020 OF 2021 SC 1001/2019 OF ADDITIONAL DISTRICT COURT(SPECIAL COURT FOR TRIAL FOR MARADU CASES)KOZHIKODE, PETITIONER/3RD ACCUSED:

RAYEES, AGED 34 YEARS S/O. MOIDU, RESIDING AT CHALIL HOUSE, KAKKUNI, CHEERAPURAM P.O., KOZHIKODE DISTRICT-673512.

BY ADVS.

J.R.PREM NAVAZ SUMEEN S.

RESPONDENT/COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682032.

2 THE REGIONAL PASSPORT OFFICER, KOZHIKODE, GROUND FLOOR CIVIL STATION, WAYANAD ROAD, ERNAHIPPALAM, KOZHIKODE, KERALA-673020.

BY ADV P.VIJAYAKUMAR, ASG OTHER PRESENT:

SR.PP - SRI. RENJITH T.R.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

07.09.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Petitioner is the 3rd accused in SC No.1001/2019 pending before the Additional Sessions Court, Kozhikode, which was taken on file as crime No.230/2017 of Kuttiyadi police station, alleging offence under Sections 143, 145, 147, 148, 342, 353, 332, 333, 324, 395, 307 r/w 149 of IPC besides under Section 3(i) of the PDPP Act. Now it is stated that he wants to go abroad on getting an offer letter. When he approached the Additional Sessions Court under Sections 22 and 6(e) of the Passports Act, the learned Judge was not inclined to allow the petition. That order is now under challenge in this petition.

2. The learned Senior Public Prosecutor has submitted that the petitioner has one more case pending as SC 1004/2019 which is also a case facing allegations under Sections 326 and 307 of IPC. That means he is a history sheeter.

3. Whatever it may be, now the question is whether he can apply for a passport. It is only a step forward for leaving abroad. Obtaining a passport and granting permission to go abroad are different propositions. Even if he is allowed to obtain a passport, that does not mean that he will be able to go abroad.

4. In the circumstances, I think he can be allowed to apply for a passport. It is made clear that this order shall not be interpreted to say that he has been permitted to go abroad.

Thus the Crl.M.C. is allowed to the extent enabling the petitioner to apply for a passport for a period of one year.

Sd/-

K.HARIPAL JUDGE okb/7.9 //True copy// P.S. to Judge APPENDIX OF CRL.MC 3020/2021 PETITIONER ANNEXURE Annexure A1 THE CERTIFIED COPY OF THE ORDER DATED

26/04/2021 IN CRL. MP NO.10/2021 OF THE COURT OF SPECIAL ADDITIONAL SESSIONS JUDGE (MARAD CASES), KOZHIKODE DISTRICT, PENDING ON ITS FILES AS S.C. 1001/2019.