Junaid Ayyanoth vs State Of Kerala And Ors

The challenge in this Crl.M.C is against Annexure A8 order by which the petitioner's application for renewal of passport was dismissed by the Sessions Court. The brief facts are as under; The petitioner is the accused in Crime No.291 of 2017 registered at the Vatakara Police Station for the offences punishable under Sections 20(b)(ii)(A) of the NDPS Act and Section 77 of Juvenile Justice Act. The petitioner obtained bail on 26.04.2019 and went abroad. As the petitioner's passport is due to expire on 23.03.2021, he approached the Indian Consulate at Dubai for re-validation of the passport and the request was denied due to pendency of the criminal case. Hence, he approached this Court seeking re-validation, and vide Annexure A7, petitioner was directed to file an application before the Sessions Court. Accordingly, the application was filed and stands rejected by Annexure A8 order. Learned Sessions Judge found fault with the petitioner for not disclosing that he was the holder of a passport, at the time when he was granted bail and for having gone abroad without obtaining permission from the court.

Learned Counsel for the petitioner submits that while granting bail, no condition was imposed requiring the petitioner to surrender his passport and hence, the petitioner cannot be held to be fault for having gone abroad without seeking permission from the court. It is submitted that there is no possibility of the case being listed for trial immediately and that the petitioner is prepared to comply with any condition to be imposed by the Court.

Learned Counsel representing the ASG submits that in view of pendency of the criminal case, petitioner's passport will not be re-validated, unless directed by the jurisdictional court or this Court.

Having heard the learned Counsel on either side, I am of the opinion that no purpose will be served by the petitioner being denied the opportunity of securing employment abroad. Moreover, no prejudice will be caused by the petitioner's passport being re-validated for a short period.

In the result, the Crl.M.C is disposed of, directing the competent officer under the second respondent to revalidate the petitioner's passport for a period of one year. On such revalidation, the court below may permit the petitioner to go abroad for one year, subject to the following conditions:

(i) The petitioner shall deposit an amount of Rs.50,000/- (Rupees fifty thousand only) before the jurisdictional court, which can be confiscated in the event of the petitioner failing to return and appear before the jurisdictional Court within one year period.

(ii) The petitioner shall file an affidavit containing the details of his foreign address, mobile number, email address and other contact details before the jurisdictional court.

(iii) Petitioner shall make necessary arrangement to be represented through his Counsel during his absence.