IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 38629 of 2010(C) --------------------------------------- PETITIONER(S): ----------------------- JUSTIN V.A., AGED 35, S/O.ABRAHAM, VELLILAKKADU HOUSE, KODUMPIDY P.O., KADANADU VILLAGE, PALA. BY ADV. SRI.K.V.SADANANDA PRABHU RESPONDENT(S): -------------------------- THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE BUILDING, PANAMPILLY NAGAR P.O., KOCHI-682036. BY ADV. SRI.T.P.M.IBRAHIMKHAN, A.S.G. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ------------------------- W.P (C) No.38629 of 2010 -------------------------- Dated this the 3rd January, 2011 J U D G M E N T Petitioner is the holder of Passport No.H 4019924. According to the petitioner, he is employed in Male as a Teacher. It is stated that he is an accused in Crime No.218/2010 of Melukavu Police Station and that by Ext.P3 order of the Judicial First Class Magistrate, Erattupetta, he has been enlarged on bail subject to certain conditions. 2. Learned counsel for the petitioner submits that subsequently the Police have completed investigation and have filed their final report before the trial court on 13.12.2010. It is stated that in the meanwhile acting upon Ext.P3 order passed by the Magistrate Court, which only required the petitioner to be present before the Investigating Officer on the days specified therein till charge sheet is filed, Ext.P2 order has been issued by the respondent impounding the petitioner's passport. It is challenging Ext.P2, this writ petition is filed. W.P (C) No.38629 of 2010 2 3. As is evident from Ext.P2 itself the reason for impounding the passport is the fact that petitioner is an accused in Crime No.218/2010 of Melukavu Police Station in relation to which Ext.P3 order has been passed by the trial court. Therefore, the ineligibility which could have led to the issuance of Section 6 (2) (f) of the Passport Act. The Government of India had issued a notification in Official Gazette GSR No.570 (E) dated 25.8.1993 enabling such persons to obtain orders from the court concerned to depart from India. In such circumstances, it is for the petitioner to approach the Judicial First Class Magistrate Court before which final report has been filed, and obtain an order as contemplated in the notification mentioned above so that he can retain the passport which is issued to him. 4. Although the learned counsel for the petitioner submits that he has already made an application before the trial court, even according to him, orders have not been passed thereon. Therefore, I dispose of this writ petition clarifying that it will be open to the petitioner to move the W.P (C) No.38629 of 2010 3 trial court for obtaining orders as contemplated in the notification referred to above and produce the same before the respondent who shall thereupon pass suitable orders modifying Ext.P2. ANTONY DOMINIC JUDGE ma W.P (C) No.38629 of 2010 4