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2026 Supreme(Online)(Ker) 62047
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Nader Hassan – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 7352 OF 2026
For the Appellants/Petitioners: Ameen Hassan K., Lisna Sherin T.T., Ummul Fadla T., Abdul Fathah
For the Respondents: Suvin R. Menon, Devadas H Mallan
A petition to use a passport during pending criminal proceedings may be dismissed if the petitioner fails to approach the Trial Court for the relief and fails to produce the relevant bail order.
Headnote:(A) Criminal Procedure - Passport Usage - Pendency of Criminal Proceedings - Request to use passport during trial - Dismissal due to failure to approach Trial Court and non-production of bail order.
Issues: Whether the petitioner is entitled to use his passport despite the pendency of criminal proceedings without first approaching the Trial Court.
Legal Category Hierarchy
-
practice and procedure
-
criminal procedure
- bail
- use of passport during pending criminal proceedings
-
criminal procedure
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Dated this the 22nd day of September, 2026
ORDER
This petition is filed to permit the petitioner to use his passport, notwithstanding the pendency of C.C. No. 917/2021 on the file of the Court of the Judicial First Class Magistrate, Malappuram, which has arisen from Crime No.526/2021 registered by the Malappuram Police Station.
I have heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned Senior Panel Counsel appearing for the 3rd respondent.
On going through the materials on record, it is seen that the petitioner has not produced the bail order and has not moved the Trial Court for the above relief. It is also reported that the petitioner is presently abroad.
In light of the above, this petition is dismissed, but by reserving the right of the petitioner to work out his remedies in accordance with law.
