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2026 Supreme(Online)(Ker) 9560

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MANOJ THOMAS – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 643 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.E.S.ASHRAF
For the Respondents: SR.PP.SMT.SEETHA, SMT.O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA

The necessity to issue a valid passport to renew a visa must align with legal provisions and the petitioner's circumstances.

Headnote:The petitioner, an accused in a criminal matter, sought a 10-year validity passport to renew his USA visa after a partly allowed request for a 3-year passport. The Court found the 3-year validity insufficient and allowed the request for a 10-year passport under conditions including seeking permission for travel. Relevant provisions of the Indian Penal Code were invoked. The judgment emphasized the necessity of a long-validity passport for visa purposes and allowed the petition accordingly.

Table of Content
1. case background and legislation invoked (Para 1 , 2)
2. arguments presented and consideration of reasons (Para 3 , 4)
3. court's decision regarding passport validity (Para 5)

O R D E R

The petitioner is the accused in C.C.No.39 of 2023 on the file of the Court of the Judicial Magistrate of the First Class-I, Ranni ('Trial Court', in short), which has originated from Crime No.328 of 2022 registered by the Perunadu Police Station, Pathanamthitta, alleging the commission of the offences punishable under Sections 447 and 427 read with Section 34 of the Indian Penal Code .

2. The petitioner has stated in the Criminal Miscellaneous Case that, although he has got himself enlarged on bail, the trial in the case has not commenced. The petitioner holds a valid Visa to travel to the United States of America (USA), which expired on 29.10.2025. The petitioner's passport has validity till 20.03.2026. In order to renew the petitioner's Visa, he needs a passport having a validity of 10 years. In the above background, the petitioner filed an application before the Trial Court. However, by Annexure A3 order, the learned Magistrate has partly allowed the application, by granting permission to the petitioner to renew his passport with a validity of 3 years. A passport having a validity of 3 years is insufficient to get the petitioner's USA Visa renewed. Hence, the Crl.M.C.

3. I have heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned DSGI.

4. Indisputably, by Annexure A3 order, the learned Magistrate has partly allowed the petitioner's application for renewal of his passport, but with a validity of 3 years.

5. Taking into consideration the reasons stated by the petitioner in the Crl.M.C. that, in order to renew his USA Visa, he needs a passport having a validity of 10 years, I do not find any reason to deny the petitioner to have a passport with a validity of 10 years. Nonetheless, in case the petitioner is to travel to the USA, he would have to file an application before the Trial Court seeking permission to travel abroad. Along with the application, the petitioner shall file an application seeking permanent exemption and also to avail the electronic video linkage facility as per the Electronic Video Linkage Rules for Courts (Kerala), 2021.

In the above said circumstances, I allow the Crl.M.C., by setting aside Annexure A3 order and allowing Crl.M.P.No.2381 of 2025, and directing the 2nd respondent to issue the petitioner passport with a validity of 10 years, subject to the condition that the petitioner travels abroad only with the permission of the Trial Court and also files applications for permanent exemption and to avail the electronic video linkage. If such applications are filed, the Trial Court shall consider the applications, in accordance with law, and as expeditiously as possible.

Sd/-

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