ADARSH BIJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl. M.C has been filed challenging Annexure-A2 order dated 03-09-2021 in C.M.P No.1278/2021 in C.C No.1349/2018 through which the application filed by the petitioner for No Objection Certificate to apply for passport pending C.C No.1349/2018 was rejected by the judicial Magistrate of the First Class, Vaikom. It is seen from Annexure-A2 order the petitioner had requested for renewal of passport for a period of 10 years. This, obeviously cannot be granted and the learned Magistrate was right in refusing permission to apply for passport for 1o years as requested by the petitioner.

(2.) This court through judgment dated 30-09-2021 in W.P (C) No.15182/2021 considered the circumstances in which the person accused of a criminal case can be permitted to apply for renewal of a passport. After examining the law exhaustively this court has issued certain guidelines regarding the grant of permission by criminal courts in the matter of issuance of passport. Paragraph 20 and 21 of the judgment in W.P (C) No.15182/2021 reads as follows;

(3.) Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am inclined to accept the submission of the learned counsel for the petitioner. To enable the learned Magistrate to re-consider the application in the light of the guidelines issued by this court in the judgment in W.P (C) No.15182/2021, Annexure-A2 order is set aside. C.M.P No.1278/2021 shall be re-considered taking note of the directions issued in W.P (C) No.15182/2021. Fresh orders shall be passed in C.M.P No.1278/2021 in the manner indicated above within a period of one month from the date of receipt of a certified copy of this judgment.