K J JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the 8th accused in C.C.No.297 of 2008 pending before the Chief Judicial Magistrate Court, Ernakulam. He applied for direction to the Passport Officer, Ernakulam, for issuance of passport, which was rejected by the learned Magistrate by Annexure A4 order. The learned Magistrate had referred to various provisions under the Passport Act and had come to a conclusion that since a criminal case is pending against the said accused, no such directions to be issued.

(2.) IT is relevant to note that the accused is a Councilor and leader of opposition of the Cochin Corporation and a political person. IT cannot be stated that he will be abscond or leave India to avoid the prosecution. In these circumstances, I do not think that the learned Magistrate was justified in refusing the prayer in Annexure 3 application filed as M.P.No.1431/2012.