IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 24712 of 2011(L) ------------------------- PETITIONER : --------------------- C.K.JANU, AGED 47 YEARS, D/O.KARIYAN, PANAVALLY MICHABHOOMI, PANAVALLY.P.O, WAYANAD. BY ADVS. SRI.K.S.MADHUSOODANAN SRI. THOMAS CHAZHUKKARAN SRI. THUSHAR NIRMAL SARATHY SRI. M.M. VINOD KUMAR SRI. P.K.RAKESH KUMAR SRI. M.A. RUXANA RESPONDENT(S): --------------- 1. PASSPORT OFFICER, PASSPORT OFFICE, ERANJIPALAM, KOZHIKODE. 2. SUPERINTENDENT OF POLICE, C.B.I, CHENNAI. R1 BY ADV. SRI. P. PARAMESWARAN NAIR, ASGI R2 BY ADV. SRI. P. CHANDRASEKHARAN PILLAI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 24712 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1: PHOTOCOPY OF THE RELEVANT PAGE OF PASSPORT EXHIBIT-P2: PHOTOCOPY OF THE APPLICATION FOR RENEWAL OF PASSPORT DATED 19-12-2008. EXHIBIT-P3: PHOTOCOPY OF THE INVITATION LETTER DATED 5-9-11 TO ATTEND THE MEETING OF INDIGENOUS WOMEN PROGRAM COMMITTEE (IWPC) TO BE HELD IN CHIANG MAI, THAILAND FROM 17TH 19TH SEPTEMBER, 2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J ....................................................... W.P.(C).24712/2011 .............................................. Dated this the 22nd day of September, 2011 JUDGMENT Petitioner is an accused in S.C.6/2007 on the file of the CBI Court-I, Ernakulam. It is stated that on expiry of her passport, she made Ext.P2 application and that the same was returned. It is there upon this writ petition has been filed. 2. Being an accused in a criminal case, petitioner is not entitled to be issued a passport in view of Section 6 (2) (f) of the Passports Act. In such circumstances, the only recourse available to the petitioner is to apply to the Court where the case is pending and seek its permission, as pointed out by this Court in Asok Kumar v. State of Kerala (2009 (2) KLT 712). 3. The writ petition is accordingly disposed of leaving it open to the petitioner to move the Court where the case is pending, seek orders and if favourable orders are obtained, submit her application along with the Court order. It is directed that if the application is submitted as above, same shall be dealt with in accordance with law. ANTONY DOMINIC, Judge mrcs