IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 Crl.MC.No. 1801 of 2011() ---------------------------------- (SC 1556/05 OF ADDITIONAL DISTRICT AND SESSIONS JUDGE (ADHOC NO-III, THALASSERY) ..................... PETITIONER(S): ACCUSED NO.6 ------------------------------------------------ K.SHAMSUDHEEN, S/O.K.P.MOIDEENKUTTY, RESIDING AT KAKKANANJAKATH, CHOOLIYAD, P.O.MALAPPURAM - 670637. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT --------------------------------------------------- 1. THE S.H.O., IRIKKUR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. UNION OF INDIA, REP. BY SECRETARY TO GOVT., EXTERNAL AFFAIRS, NEW DELHI, REP. BY ASSISTANT SOLICITOR GENERAL OF INDIA HIGH COURT OF KERALA, ERNAKULAM. 3. PASSPORT OFFICER, KOZHIKODE, REP. BY ASSISTANT SOLICITOR GENERAL OF INDIA HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1801 of 2011() ANNEXURE ANNEXURE A1 : COPY OF THE FIR ANNEXURE A2 : COPY OF THE CHARGE U/S. 143,147,148,449,302 R/W 149 IPC AGAINST THE PETITIONER // TRUE COPY // PA TO JUDGE smt THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.1801 of 2011 ~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June 2011 O R D E R Petitioner is the 6th accused in Crime No.55 of 2002 of Irikkur Police Station and S.C.No.1556 of 2005 of the court of learned Additional District and Sessions Judge (Adhoc- III), Thalassery facing trial for offences punishable under Secs.143, 147, 148, 449 and 302 r/w Sec.149 of the Indian Penal Code (for short, “the IPC”). Petitioner claims that he has got visa to go abroad but on account of pendency of the case, 3rd respondent is not issuing passport to him. Hence, a direction is to be issued to the 3rd respondent to issue passport to him. 2. I have heard learned counsel for petitioner, the 3rd respondent and the learned Public Prosecutor. 3. As per Sec.6(2)(f) of the Passport Act the certificate of 'No Objection' for issue of passport must be Crl.M.C. No.1801 of 2011 -: 2 :- issued by the court before which the case is pending. According to the learned counsel, there is no sitting in the trial court. But, that does not mean that in a serious case of this nature this Court should interfere and direct the 3rd respondent to issue passport. The trial court has to consider all these aspects including possibility of petitioner going abroad, in case petitioner moves any application before that court and pass appropriate orders. With the above direction, this Crl.M.C. is closed. THOMAS P. JOSEPH, JUDGE. Jvt