IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 18095 of 2010(Q) -------------------------- CC.222/2009 of C.J.M.PATHANAMTHITTA .................... PETITIONER(S): ------------------------- JIJO JOSE, AGED 20 YEARS, S/O. JOSE SAMUEL, KUZHITHURA PUTHEN VEETIL, PLAVELI, KUMBAZHA MURI, PATHANAMTHITTA VILLAGE & DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA. 2. THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KAITHAMUKKU, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, SECRETARIAT, GOVT. OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 & R3 BY GOVERNMENT PLEADER SRI. C.S. HRITHWIK R2 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.RAMKUMAR, J. ------------------------------------- W.P.(C).No.18095 of 2010 -------------------------------------- Dated this the 14th day of June, 2010 JUDGMENT Petitioner who is the second accused in C.C.No.222 of 2009 on the file of the Chief Judicial Magistrate's Court, Pathanamthitta for offences punishable under Sections 294(b), 323, 324, 341, 447 & 326 read with Section 34 I.P.C. seeks a direction to the Chief Judicial Magistrate, Pathanamthitta to grant personal exemption to the petitioner in the above case and also seeks a direction to the second respondent passport officer, regional passport office, Kaithamukku, Thiruvananthapuram to issue a passport to the petitioner during the pendancy of the above case. 2. This Court cannot issue a direction to the second respondent Passport Officer to issue a passport to the petitioner. This Court can only inform the passport officer that this Court has no objection in a passport being granted to the petitioner for a period of one year during the pendancy of the C.C.No.222/2009. If a question of identity does not arise for consideration during the trial of C.C.No.222/2009, the W.P.(C).No.18095/2010 : 2 : petitioner may apply for personal exemption for a period of one year for the trial of the above case by filing an appropriate petition incorporating relevant averments. This Writ Petition is disposed of accordingly. V.RAMKUMAR, JUDGE skj