An absconding accused who fails to utilize a court-ordered passport renewal may be permitted to apply for an emergency certificate through the Indian Mission Abroad to facilitate their return to India and surrender before the trial court.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Dated this the 18th day of September, 2026

ORDER

1. This petition is filed to direct the thirdrespondent to re-issue (renew) the petitioner's passport,which expired on 27.01.2024.

2. The petitioner is the fifth accused in LPC No.09/2016 in C.C. No. 779/2011 on the file of the Court of the Judicial First Class Magistrate-I, Kasaragod (‘Trial Court’, for brevity), which has originated from Crime No.06/2000 of the Adhur Police Station, Kasaragod.

3. It is the petitioner's case that, since he couldnot appear before the Trial Court, the case against him was transferred to the long-pending register and numbered as LPC No. 09/2016. A non-bailable warrant has been issued against him. The other accused in the crime have already been acquitted by the Trial Court as per Annexure A2 order. The petitioner is ready and willing to come down to India. However, as his passport has expired, he is unable to come to India. Although the petitioner filed an application seeking renewal of his passport, the same was dismissed by Annexure A3 judgment on the ground that the petitioner is an absconding accused. The petitioner challenged Annexure A3 order before this Court in Crl. M.C. No. 5986/2025. By Annexure A4 order, this Court directed the third respondent to reissue the petitioner's passport with validity for a period of eight months from 16.08.2025. The petitioner was directed to return to Kerala and surrender before the Trial Court on or before 16.09.2025. However, the petitioner could not avail the benefit of Annexure A4 order. Now, the petitioner desires to come down to India. Therefore, the third respondent may be directed to renew the validity of thepetitioner's passport. Hence, this petition.

4. I have heard the learned Counsel for thePetitioner, the learned Senior Panel Counsel for the thirdrespondent and the learned Public Prosecutor

5. By Annexure A4 order dated 04.08.2025, thisCourt, taking note of the assertions made by the petitioner, directed the third respondent to re-issue the petitioner's passport with validity of eight months from 16.08.2025 and directed the petitioner to return to Kerala and surrender before the Trial Court on or before16.09.2025.

6. Admittedly, the petitioner has not availed thebenefit of the said order. Instead, the petitioner has filed this petition seeking an identical relief granted to him in Annexure A4 order. This by itself proves that there are no bona fides in the present application. Nonetheless, considering the fact that this Court has already directed the petitioner to surrender before the Trial Court in Crl. M.C. No. 5986/2025, I am of the view that the petitioner be granted an emergency certificate for the purpose of coming down to India and surrendering before the TrialCourt.

In the afore-said circumstances, notwithstandingthe direction in Annexure A4 order, I permit the petitioner to approach the jurisdictional Indian Mission Abroad and file an application for an emergency certificate. If such an application is filed, the jurisdictional Indian Mission Abroad is directed to consider and dispose of the same, in accordance with law, for the purpose of permitting the petitioner to comedown to India for surrendering before the Trial Court.