A passport shall be issued to an accused without the requirement of surrender to the Trial Court if investigation is complete, provided Court permission is sought for travel.

C.S.DIAS, J.

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Crl.M.C. No. 11304 OF 2025 --------------------------------------------

Dated this the 15^th day of December, 2025 ORDER The petitioner is the 4^th accused in SC No.182/2025 on the file of the Additional Sessions Court, Muvattupuzha (Trial Court), which has originated from Crime No.495/2024, registered by the Pothanikadu Police Station, Ernakulam.

2. The petitioner states that he was enlarged on bail by this Court as per Annexure A1 order. One of the conditions in Annexure A1 order was that the petitioner should surrender his passport before the Trial Court and if does not have a passport, he should file an affidavit to the effect. Subsequent to getting himself enlarged on bail, the petitioner’s daughter decided to go abroad for the purpose of her education. However, the emigration authority has insisted that the petitioner should also have a passport. Consequently, the petitioner filed an application before the Trial Court seeking permission to apply for the passport. However, at the time of hearing the application, the petitioner’s Counsel submitted that the petitioner does not propose to travel abroad. Consequently, by Annexure A2 order, the Trial Court directed the Passport Issuing Authority to issue the passport, but the passport has to be surrendered before the Trial Court. In view of the above condition, the Passport Issuing Authority has declined to issue the passport because the Trial Court has not granted permission to the petitioner to travel abroad. Annexure A2 order is erroneous and unjustifiable. Hence, the Criminal Miscellaneous Case.

3. I have heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor.

4. Annexure A1 order was passed by this Court on

08.08.2024. It is not disputed that the investigation in the crime is complete, the final report has been laid and that the petitioner has not violated any of the conditions in the bail order.

5. The petitioner’s limited grievance is that, it is only because the emigration authorities have insisted that the petitioner should have a passport, to secure a visa for his daughter to go abroad, that he sought permission of the Trial Court to apply for the passport. However, by Annexure A2 order, the Trial Court has permitted the petitioner to apply for a passport, but has directed the passport to be surrendered before the Trial Court. In view of the said condition, the Passport Issuing Authority has declined to issue a passport.

Taking into consideration the peculiar facts and circumstances of the case, particularly that the investigation in the case is complete and the final report has been filed, I direct the Passport Issuing Authority to issue a passport to the petitioner with a validity of three years, which need not be surrendered before the Trial Court. Nonetheless, in case the petitioner proposes to travel abroad, he shall seek permission of the Trial Court.

The Criminal Miscellaneous Case is allowed accordingly.