Onerous Conditions Not Necessary When Accused Seeks To Renew Passport Without Permission To Go Abroad: Kerala High Court

Justice A. Badharudeen ordered thus:

“Since prayer is for re-issuance/renewal of the passport, it seems that the conditions imposed by the learned Magistrate for the said purpose are onerous and unnecessary. When an accused seeks permission to renew his passport without permission to go abroad, in an appropriate case, the court can grant the relief sought to renew the passport for which onerous conditions are not necessary.

The petitioner, an accused in a pending criminal case, had approached the High Court challenging the conditions imposed by the Magistrate while granting permission to renew his passport.

The petitioner argued that the conditions imposed for the renewal of the passport were onerous and unwarranted. It was stated that such conditions were not necessary since the petitioner was not going abroad but was only renewing his passport.

The Regional Passport Officer submitted that this was not the renewal of the passport but the re-issuance of the passport.

The Court perused the conditions imposed by the Magistrate. The conditions included the execution of bond with two solvent sureties, furnishing of cash security, producing a photocopy of passport attested by himself and one witness, an affidavit stating that he would not dispute his identity during the trial, ensuring that the trial is not delayed and so on.

The Court found that such conditions were not necessary to renew the passport. It added necessary conditions could be imposed when an accused seeks permission to go abroad.

It said, “It is specifically made clear that the petitioner shall seek permission of the Magistrate Court, if he wants to go abroad and at this stage, the learned Magistrate is at liberty to impose necessary conditions, if permission will be granted to go abroad which are not so onerous, to ensure his return to India as per law, so as to finalise the trial.”

The Court thus set aside the order of the Magistrate and directed it to consider the matter.

Counsel for Petitioner: Advocates K R Vinod, M S Letha, Nabil Khader, Rahul S

Counsel for Respondents: Senior Public Prosecutor Renjith George, Senior Panel Counsel T C Krishna

Citation: 2024 LiveLaw (Ker) 422

Case Title: Jesmon Joy Karippery v State of Kerala

Case Number: CRL.MC NO. 4776 OF 2024

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