MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No. 54 of 2012 of Chalissery Police Station, registered for offences punishable under Ss. 419, 420, 465, 468 and 471 of the Indian Penal Code (for short "the IPC") and S. 12(1)(b) of the Indian Passports Act, 1967. Investigation of that crime is in progress. The crux of the allegations imputed against the petitioner is that he obtained a passport in the name of another and using such passport went abroad, and remained in Saudi Arabia for nearly a decade. He is alleged to have renewed that passport obtained in a fictitious name. On his return from Saudi Arabia he was arrested, and the aforesaid crime was registered by the police. Petitioner applied for permission to get a passport in his name stating that his business operations in Saudi Arabia required his going over to that place at least for a short period. Communication received from the passport officer that that authority shall abide by the orders of the court over the issue of passport in the name of the petitioner during the pendency of the crime, was also canvassed by him to contend that authority has no objections in issuing him a passport in his name. His request for permission from the court to enable him to get a passport in his name was objected by the investigating agency contending that he is likely to flee and evade the trial once passport is so obtained. Learned Magistrate, taking note of the objection and also the seriousness of the offences imputed against the petitioner in the crime, turned down the request for permission to get a passport. That order is challenged in the above petition, and exercise of inherent powers of this court is sought for seeking permission to obtain a passport in his name.

(2.) I heard learned counsel for the petitioner and also learned Public Prosecutor.

(3.) Placing reliance on Asok Kumar v. State of Kerala,2009 2 KerLT 712, learned counsel for the petitioner submitted that out-right rejection of his request by the learned Magistrate is not proper, and he should have been granted at least permission to get a passport limiting the period of his operation imposing such conditions, as may be required, to ensure his presence for trial of the case. The investigation has not been completed and, even if it is completed within a short time, the trial of the case is likely to take its own time for its completion is highlighted by the counsel to contend that his prosecution for the offences imputed as such cannot deprive him to obtain a passport to go abroad for a limited period where circumstances presented by him for such need are compelling. Learned counsel also submitted that the petitioner is prepared to furnish cash security as may be fixed by the Magistrate to obtain permission for getting a passport for a limited period, to secure and safeguard his presence for the investigation of the case/trial of the case.