The court permits passport renewal contingent on filing for permanent exemption, emphasizing the trial court's prior permissions and relevant legal provisions.

ORDER

The petitioner is the accused in CC Nos.143/2023 and 213/2023 on the files of the Court of the Judicial Magistrate of First Class, Pattambi (‘trial court’).

2. The petitioner has stated in the Criminal Miscellaneous Case that he has secured an employment in Oman, as evidenced by Annexure A3 letter. Accordingly, he filed applications in the above two cases for permission to renew his passport and to travel abroad. By Annexures A4 and A5 orders, the trial court allowed the applications, but has failed to specify the validity period of the passport. In order to secure a Visa to travel to Oman, the petitioner requires a passport with a validity of at least five years. Therefore, the 2nd respondent may be directed to renew the passport with a validity of five years.

3. I have heard the learned Counsel for the petitioner, the learned Public Prosecutor and the learned DSGI appearing for the 2^nd respondent.

4. The learned DSGI, on instructions, submits that the petitioner’s application to renew this passport was closed on the petitioner’s request. Therefore, if the petitioner wants to renew his passport, he has to file a fresh application. Then the application would be considered by the 2^nd respondent in accordance with law.

5. On a consideration of facts and the materials on record, particularly that the trial court has already granted permission to the petitioner to renew his passport and to travel abroad, as per Annexures A4 and A5 orders, I do not find any legal impediment in granting permission to the petitioner to apply for renewal of his passport having a validity of five years, provided the petitioner also files applications before the trial court seeking for his permanent exemption, with an undertaking that he would not dispute his identity, and to avail the electronic video linkage as per the Electronic Video Linkage Rules (Kerala), 2021 (‘Rules’ in short), which would take care of the petitioner’s absence, in the case the trial in the above case has to be proceeded with.

In the aforesaid circumstances, the Criminal Miscellaneous Case is allowed in the following manner.

(i) The petitioner is permitted to file an application for renewal of his passport within four weeks from today.

(ii) If such application is filed, the 2nd respondent is directed to consider the application in accordance with law, and if the petitioner is entitled to renewal, the passport shall be issued with a validity of five years from the date of issue.

(iii) The petitioner is further directed to file applications before the trial court, within two weeks from today, in both cases, to grant him permanent exemption and also to avail the permanent electronic video linkage as per the Rules.

(iv) If such applications are filed, the trial court is directed to consider and dispose of the applications in accordance with law, keeping in mind the law laid down by this Court Abhil C.R. v. State of Kerala [2025 KHC OnLine 1650] , and reiterated by this Court in Rameshan v.

State of Kerala (2025 (6) KHC 545)

Sd/-

C.S.DIAS, JUDGE SPV APPENDIX OF CRL.MC NO. 1402 OF 2026 PETITIONER’S ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 56 OF 2023 REGISTERED BY CHALISSERY POLICE STATION DATED ON 19.01.2023 ANNEXURE A2 TRUE COPY OF THE FIR IN CRIME NO. 645 OF 2022 BY CHALISSERY POLICE STATION DATED ON 29.12.2022 ANNEXURE A3 TRUE COPY OF THE REQUIREMENT LETTER ISSUED BY THE EMPLOYER, MAIDAT AL THOQ – RAHMATH RESTAURANT LOCATED IN OMAN DATED NILL ANNEXURE A4 TRUE COPY OF THE ORDER IN CMP NO.6700 OF 2025 IN CC 143 OF 2023 PRONOUNCED BY HON’BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, AT PATTAMBI DATED ON 07.01.2026 ANNEXURE A5 A5 TRUE COPY OF THE ORDER IN CMP NO.6702 OF 2025 IN CC 213 OF 2023 PRONOUNCED BY HON’BLE JUDICIAL FIRST CLA