H. NOUSHAD AGED 54 YEARS, S/O. HAMEED RAWTHER, AKKANATTIL, NEDUMON P.O., EZHAMKULAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT Vs. THE STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM P.O.

JUDGEMENT

(1.) This Crl.M.C is filed by the fourth accused in Crime No.845 of 2016 of Adoor Police Station for offences punishable under sections 143, 147, 148, 149, 452, 294(b), 323, 354 and 506(i) of Indian Penal Code.

(2.) The accused was granted anticipatory bail subject to condition, inter alia, that he shall surrender his passport. He surrendered the passport. Later, the period of passport expired. Since he proposed to perform Umra, he sought permission of the court below to apply for passport to travel for a period of three months. Annexure-A4 is the application filed by him. The court below relying on the decision reported in S.K. Asok Kumar Vs. State of Kerala (2009(2) KLT 712) granted permission to leave the country for a period of three months for performing Umra, and granted liberty to apply for a passport. It was further directed that the period of three months shall be reckoned from the date of issuance of passport.

(3.) The passport officer renewed the passport for a period of six months. The petitioner has now approached this Court contending that for stamping visa on the passport, it should have a validity of minimum one year. Hence, he contended that though he was granted three months time for performing Umra, he is unable to undertake Umra unless the period of validity of passport is extended by at least one year.