Renjith vs State Of Kerala

G. Girish, J

The petitioner who is the accused in Crime No.1241/2020 of Changanasserry Police Station, a case registered under Sections 279 and 304(A) of Indian Penal Code, faces criminal prosecution in CC.No.68/2021 before the Judicial First Class Magistrate Court – I, Changanasserry. The petitioner approached the trial court for an order seeking permission to renew his passport, the validity of which would expire on August, 2024.

As per Annexure A5 order, the learned Magistrate permitted the petitioner to renew his passport subject to two conditions, which read as follows;

“1. Petitioner shall file an affidavit to the effect that he shall not dispute his identity, if trial proceeds in his absence and shall always be represented by his lawyer.

Petitioner shall personally appear before the Court as and when directed and shall surrender his passport if it so requires.”

The learned counsel for the petitioner would contend that the petitioner is ready to abide by both the above conditions imposed by the trial Court. However, it is pointed out that the omission of the learned Magistrate to mention the period of renewal in Annexure A5 order would render the passport already issued invalid. The petitioner seeks to mitigate the above legal infirmity by clarifying that the renewal of the passport as ordered under Annexure A5 can be for a period of ten years.

Heard the learned Public Prosecutor representing the respondents. It is submitted by the learned Public Prosecutor that the presence of the petitioner has to be ensured before the trial Court as and when required.

Having regard to the arguments advanced by the learned counsel for the petitioner and the learned Public Prosecutor and considering the facts and circumstances of the case, I deem it appropriate to modify Annexure A5 order of the learned Magistrate to the extent of prescribing the period of renewal of the passport as ten years.

In the result, the petition stands allowed as follows;

It is made clear that the period of renewal of the passport as permitted by Annexure A5 order shall be ten years.

The conditions prescribed by the learned Magistrate in Annexure A5 order will remain in force.

The petitioner/accused shall file a statement before the learned Magistrate indicating the address of his residence abroad and also his overseas contact numbers on or before 31.07.2024.