A court may modify a passport renewal restriction imposed by a Magistrate in a pending criminal case if the petitioner demonstrates a genuine employment-related travel need and there is no risk of the petitioner absconding or evading the judicial process.

JUDGMENT Dated this the 22^nd day of May, 2026 Aggrieved by Ext.P2 order passed by the Judicial First Class Magistrate Court, Tripunithura, limiting the period of renewal of the petitioner’s passport to a period of one year only, the petitioner has filed this Writ Petition (Criminal) under Article 226 of the Constitution of India, to pass necessary orders to enable him to get a passport having validity of five years.

2. Heard the learned counsel for the petitioner, the learned Public Prosecutor representing the State of Kerala and the learned Deputy Solicitor General of India representing the 2^nd respondent.

3. According to the petitioner, he is proposing to travel to Australia for a program in connection with his job, in the month of August, 2026, and for the said purpose, he has to apply for a visa of minimum validity of passport having five years. Thus, it is stated that the order passed by the learned Magistrate, limiting the period of renewal of the passport of the petitioner to one year, would cause great hardship and sufferings to the petitioner.

4. Going by the available records, there is only one case pending against the petitioner, which relates to the possession of small quantity of Ganja.

5. In the above circumstances, it cannot be expected that the petitioner would abscond or evade the process of law, if his passport is renewed for a period of five years. Therefore, the impugned order of the learned Magistrate is liable to be modified to the extent of permitting renewal of the passport of the petitioner for a period of five years.

In the result, this Writ Petition stands allowed as follows:

i. Ext.P2 order passed by the Judicial First Class Magistrate Court, Tripunithura, stands modified to the extent of permitting renewal of the passport of the petitioner for a period of five years from the date of its expiry.

ii. In all other respects, the aforesaid order passed by the learned Magistrate will remain in force.