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2026 Supreme(Online)(Ker) 34422

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.Dias, J
Sajith Kandachedry Parayil – Appellant
Versus
State Of Kerala – Respondent
CRL.MC NO. 2197 OF 2026



Advocates:
For the Appellants/Petitioners: Abdul Raoof Pallipath, Prajit Ratnakaran, Anju Dony
For the Respondents: M.P. Prashanth, O.M.Shalina

The court maintains discretion to modify conditions imposed on passport renewal, increasing validity periods for business purposes, provided the accused offers an undertaking to strictly adhere to travel restrictions and obtain prior judicial authorization for any foreign travel.

Headnote:The petitioner sought a modification of a trial court order that limited the renewal of his passport to one year. The petitioner argued that he required a three-year validity for business purposes and noted that another court had already permitted a three-year renewal in a separate matter. The petitioner maintained he did not intend to travel abroad without court permission. The court addressed whether a passport renewal restriction can be modified based on commercial needs and the existence of a similar order from another jurisdiction. The ratio decidendi established that judicial restraint on passport duration can be relaxed when the petitioner provides adequate undertakings and demonstrated business requirements, particularly when consistent with prior judicial orders. The court allowed the petition, superseding the trial court's order and directing the passport authority to issue a passport with a three-year validity, subject to an undertaking from the petitioner to seek court permission before any foreign travel.

Table of Content
1. court oversight for passport renewal conditions under existing bail. (Para 1 , 2 , 3 , 4)

ORDER Dated this the 5th day of June, 2026 The petitioner is the accused in Crime No.932 of 2025 registered by the Hill Palace Police Station, Ernakulam, alleging the commission of offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code,1860.

2. By Annexure 1 order, the petitioner was granted an order of pre-arrest bail by the Court of Session, Ernakulam, subject to conditions. The petitioner has business abroad. He is holder of Indian passport No.Z3289909. The validity of his passport expired on 24.10.2025. When the petitioner approached the passport authorities to renew his passport, he was directed to produce an order from the Jurisdictional Court permitting him to renew his passport. Accordingly, the petitioner filed a Crl.M.P.No.1 of 2026 before the Court of the Judicial First Class Magistrate, Tripunithura (‘Trial Court’, in short) for permission. By Annexure 4 order, the Trial Court permitted the passport to be renewed only for one year. Infact, in another crime registered against the petitioner by the Edakkad Police Station, the Additional Chief Judical Magistrate, Thalassery, by Annexure 5 order, has permitted the petitioner’s passport to be renewed for three years. Due to the limited period of one year granted as per Annexure 4 order, the petitioner would have to approach the Passport Authorities and Court from time to time. Nonetheless, the petitioner does not desire to travel abroad. He requires only a valid passport for his business purpose. Therefore, Annexure 4 order may be modified, by directing the petitioner’s passport to be renewed for three years. Hence, this 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. On a consideration of the facts and the materials on records, particularly that the petitioner does not propose to travel abroad, but only needs a passport having a validity of three years, which has already been permitted by the Additional Chief Judical Magistrate Court, Thalassery by Annexure 5 order, I am inclined to allow the petitioner’s request for permission to renew his passport with a validity for three years. In the afore said circumstances and for the reasons stated above, in supersession of Annexure 4 order, I direct the Regional Passport Officer, Kozhikode, to issue a fresh passport to the petitioner, in accordance with law, with a validity of three years from the date of issue. Nonetheless, the petitioner shall file an undertaking before the Trial Court that he would travel abroad only with the permission of the Trial Court.

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