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2026 Supreme(Online)(Ker) 12828

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
JITHIN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.A.RAJASIMHAN, K.U VYKHARI
For the Respondents: SMT. BINDU.O.V

ORDER

Dated this the 24th day of February, 2026 The 3rd accused in C.C. No. 1372 of 2024 on the file of the Judicial First Class Magistrate Court – I, Nedumangad, arising out of Crime No. 331 of 2024 of Aryanad police station, has filed this Crl.M.C. under Section 528 of the B.N.S.S. , being aggrieved by Annexure A4 order passed by the learned Magistrate directing him to return to India and to appear before the learned Magistrate after renewing his passport, for the purpose of hearing C.M.P No. 4693 of 2025. The petitioner also seeks permission to renew his passport for a period of two years instead of the three months granted by the learned Magistrate.

2. The learned Public Prosecutor would argue that, while granting anticipatory bail to the petitioner there was a direction not to leave India without obtaining prior permission from the jurisdictional Magistrate. According to the learned Public Prosecutor, the petitioner violated the above condition and left India and hence the Investigating Officer filed the above application for cancelling his bail. It was during the pendency of the above application for cancellation of bail, the learned Magistrate passed Annexure A4 order in a

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