IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
JALESH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1534 OF 2026
| Table of Content |
|---|
| 1. overview of the case and offenses presented. (Para 1 , 2) |
| 2. court's consideration of petitioner's situation regarding passport and legal obligations. (Para 4) |
O R D E R Dated this the 20th day of February, 2026 The petitioner is the 5th accused in C.C.No.395/2022 on the file of the Court of the Judicial First Class Magistrate-I, Varkala ( Trial Court) which has originated from Crime No.529/2006 registered by the Varkala Police Station, alleging the commission of the offence punishable under Sections 143 , 147, 341 and 323 r/w Section 149 of the Indian Penal Code .
2. The petitioner has stated in the Criminal Miscellaneous Case that he had filed Crl.M.C No.11516/2025, to quash the entire proceedings in the above case. However, by Annexure A2 order, this Court directed the petitioner to surrender before the jurisdictional court within two weeks and get himself enlarged on bail, and thereafter file an application to quash the proceedings. Consequently, by Annexure A6 order, this Court has extended the time till 09.03.2026 for the petitioner to surrender. In the meantime, the validity of the petitioner’s passport has expired. Accordingly, the petitioner has filed an application before the Judicial First Class Magistrate-I, Varkala, seeking permission to renew the petitioner’s passport. However, by Annexure A5 order, the learned Magistrate has dismissed the application. Annexure A5 order is erroneous and unreasonable. Hence, the Crl.M.C. 3. I have heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned Deputy Solicitor General of India.
4. Admittedly, by Annexure A2 order, this Court has directed the petitioner to surrender before the learned Magistrate and get himself enlarged on bail before seeking to quash the proceedings. Subsequently, the time period is extended till 09.03.2026. It is the petitioner’s specific case that he proposes to come down to India on 01.03.2026, but the validity of the passport has expired on 11.01.2026.
Taking into consideration the above aspects, I permit the petitioner to approach the Indian Mission Abroad ( Indian Embassy/ Indian Consulate) and apply for an emergency certificate to travel down to India for the purpose of getting himself enlarged on bail as directed by this Court in Annexure A2 order. If the petitioner approaches the Indian Mission Abroad, the competent authority shall consider the petitioner’s application for emergency certificate, to travel to India, in accordance with law, and as expeditiously as possible, so that the petitioner can come down to India as directed by this Court on or before 09.03.2026.
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