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2016 Supreme(Online)(KER) 25751

HIGH COURT OF KERALA
C.K. ABDUL REHIM, J
AJI – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

Challenge is against the order passed by the Judicial First Class Magistrate-II, Attingal in CMP No.2880/2015 in CC No.1823/2015. Through the impugned order, the learned Magistrate had rejected an application filed by the petitioner herein, who is first accused before the court below, seeking direction to the Passport authorities to renew his Passport. The petitioner had already taken bail in the case in question from the Magistrate Court. According to him, the renewal of Passport is required for securing him a job abroad. The application before the court below was opposed by the prosecution contending that, if the petitioner is permitted to go abroad it would adversely affect trial of the case. Accepting such objections, the learned Magistrate found that the request for permanent exemption as well as request to permit the petitioner to go Crl. M.C. No.1289/2016 -2-

abroad cannot be allowed. Learned Magistrate observed that, the petitioner has not given any undertaking to ensure his presence before the court below.

2. Learned counsel for the petitioner contended that, rejection of the request made for permitting renewal of the Passport and the rejection of the request to per

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