IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Crl.MC.No. 2867 of 2011 -------------------------------- SC.645/2010 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE .................... PETITIONER/ACCUSED: AKEEL ZAFAR CHEMNAD PUTHIYAPURAYIL, S/O.AMMER ALI CHEMNAD PUTHIYAPURAYIL, NOOR-MAHAL, MANIKOTH P.O.,KANHANGAD, KASARGOD DISTRICT, NOW R/A.FLAT NO.8A,1818J/40, ABAD BAY PRIDE TOWER, MARINE DRIVE, KOCHI, ERNAKULAM-682031. BY ADV. SRI.JOJO PAPPACHAN SRI.N.C.ALEXANDER SMT.M.O.RATHNAMANI RESPONDENTS/RESPONDENTS: 1. STATE OF KERALA, REP.BY SHO, BEKAL POLICE STATION, 2. THE REGIONAL PASSPORT OFFICER, GOVERNMENT OF INDIA, MINSTRY OF EXTERNAL AFFAIRS, PASSPORT OFFICE, PANAMPILLY NAGAR, COCHIN ERNAKULAM. BY GOVT. PLEADER SRI.ALEX M.THOMRA FOR R1 ASC SRI.P.PARAMESWARAN NAIR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 2867/2011 ANNEXURE-A COPY OF THE JUDGMENT IN WP 13167/11 DT. 3.6.11 ANNEXURE-B COPY OF THE APPLICATION IN CRLMP 1908/11 IN SC 645/10 FILED BY THE PETITIONER ANNEXURE-C COPY OF THE ORDER IN CRLMP 1908/11 IN SC 645/10 BEFORE ADDL. SESSIONS COURT ADHOC-III KASARAGOD /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.2867 of 2011 ------------------------------------------- Dated this the 22nd day of September, 2011 ORDER Petitioner is the second accused in S.C.No.645/2010 on the file of Additional Sessions Court (Adhoc-III), Kasaragod. He, along with other accused, stands charge sheeted for the offences under Sections 109, 120B, 212, 341 and 307 read with Section 34 of Indian Penal Code and also under Section 27 of Arms Act. 2. Petitioner is stated to be the Chief Executive Officer of RF Mobikes India (P) Ltd., Edappally, Ernakulam. He used to attend meetings in foreign countries and for that purpose he has to secure a passport. It is further submitted that the application submitted for the said purpose was rejected because of the pendency of this case. He filed a petition before the trial court for getting clearance certificate. That petition was rejected by the learned Sessions Judge as per Annexure-C order. Learned counsel for the petitioner submits that petitioner will comply with all the conditions that may be imposed by the court. 3. Learned counsel appearing for the second respondent submits that considering the notification issued in exercise of the CRMC 2867/2011 2 power conferred under clause (a) of Section 22 of Passports Act, 1967, another learned Judge of this Court in Asok Kumar v. State of Kerala (2009 (2) KLT 712) held that permission can be granted for a particular period for enabling the party to get the passport. Learned counsel submits that this decision seems to have been not brought to the notice of the trial court. In these circumstances, following directions are issued: Learned Additional Sessions Judge will re-consider the application filed as Crl.M.P.No.1908/2011 in S.C.No.645/2010 and will dispose of the matter in accordance with law, particularly in the light of the directions issued in Asok Kumar's case (cited supra). Learned Sessions Judge will specify the period for which the passport can be issued to the petitioner and also as to the necessity of the presence of the accused before the court as and when required. This petition is disposed of accordingly. (N.K.Balakrishnan, Judge) tkv