IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 7605 of 2009(Q) -------------------------------- SC.452/2007 of II ADDL. ASST.SESSIONS COURT,KOZHIKODE .................... PETITIONER(S): --------------- NAJUMUDEEN,AGED 27 YEARS,S/O.MUHAMMED, CHITTA THODIYOL HOUSE, PUTHIYANGADI AMSOM AND DESOM,KOZHIKODE THALUK. BY ADV. SRI.MANJERI SUNDERRAJ SMT.K.K.PREETHA RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR KOZHIKODE, II ADDL SESSIONS COURT, KOZHIKODE. 2. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, ERANJIPALAM,KOZHIKODE ASST. S.G.P. SRI. P. PARAMESWARAN NAIR GOVERNMENT PLEADER SRI. P.A. SALIM FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO.7605 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of March, 2009. J U D G M E N T This writ petition is filed for a direction to the Regional Passport Officer to renew and deliver the petitioner's passport to him and also to issue directions to the Addl.Asst. Sessions Judge, Kozhikode to reschedule the time of the petitioner's personal appearance. The Sessions Court by its order in CMP 2368/08 directed the petitioner to execute a bond of Rs.50,000/-. He was also directed to file an affidavit. He was granted permission to go abroad only for a period of six months and he should surrender before the trial court, i.e. II Addl. Asst, Sessions Judge, Kozhikode on any day during the first week of February, 2009. Now what is required is a direction to the passport officer for renewal of the passport and for rescheduling the date of appearance etc. The learned counsel for the 2nd respondent on instructions submits that when a crime case is pending the time that is given now for going abroad is only 6 months and W.P.C 7605 OF 2009 -:2:- at the most there may be a further renewal for a further period of six months. Everything depends upon the scheduling of the time by the Court. Therefore the proper remedy for the present petitioner is to approach the Sessions Court, Kozhikode for modification of the order or rescheduling of the date of appearance and other particulars and for it the Court may have to necessarily fix a time to go abroad as well. When such conditions are stipulated there will not be any difficulty for the passport officer for renewal and also there may not be any difficulty for the Court to fix the schedule. With this direction the writ petition is disposed of. M.N. KRISHNAN, JUDGE. ul/-