ASHOK KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard both sides.

(2.) The common petitioner in these petitions is one of the accused in Crime No. 95 of 2008 of Neyyattinkara Police Station and now pending as CC No. 236 of 2008 on the file of the JFCM-I, Neyyattinkara for offences punishable under S.143,147,188 and 388 read with 149 IPC and S.38 and 42 of the Kerala Police Act. He is also one of the accused in Crime No. 97 of 2008 of Neyyattinkara Police Station and now pending as CC No. 225 of 2008 on the file of the JFCM-I, Neyyattinkara for offences punishable under S.143,147,188 and 283 read with 149 IPC and S.38 and 52 of the Kerala Police Act.

(3.) It is alleged that the petitioner is an advocate by profession and having 29 years of practice as a lawyer and that the aforesaid crimes came to be registered against him due to political animosity. As per CMP Nos. 1140 and 1141 of 2009 in CC Nos. 236 and 225 of 2008 respectively, the petitioner moved the Magistrate under S.22(a) of the Passports Act, 1967 seeking permission to travel outside India for a period of six months. According to the petitioner, he has been chosen to appear for the Interpol India to defend a case. The permission was sought in accordance with notification No. GSR 570(E) dated 25/08/1993 (published in the Gazette of India, Extra. Part II S.3(i) dated 25/08/1993) issued by the Central Government under clause (a) of S.22 of the Passports Act, 1967. As per the said notification it is only if the criminal Court before which the case of the applicant is pending permits him to depart from India, will the applicant be exempted from the operation of the provisions of Clause (f) of sub-s.(2) of S.6 of the said Act and the same shall be, subject to conditions such as the period specified by the Court for the issue of Passport etc. The said notification reads as follows: