2025:KER:25376 CRL.MC NO. 2288 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CRL.MC NO. 2288 OF 2025 CRIME NO.125/2025 OF KARIPUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT DATED 03.03.2025 IN CMP NO.794 OF 2025 OF CHIEF JUDICIAL MAGISTRATE ,MANJERI PETITIONER: MEHABOOB VALAVIL, AGED 55 YEARS S/O. AHAMMEDKUTTY,VALAVIL HOUSE, PERUMBALLI.P.O, PUTHUPPADI, THAMARASSERY, KOZHIKKODE, PIN - 673573 BY ADVS. K.K.DHEERENDRAKRISHNAN N.P.ASHA ABDUSSAMAD K.K. RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:25376 CRL.MC NO. 2288 OF 2025 2 ORDER The petitioner is the 2nd accused in Crime No.125 of 2025 registered at the Karipur Police Station alleging commission of offences punishable under Section 319(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 12(1)(d) and 12(1)(e) of the Passports Act, 1967. 2. The crime is registered on the allegation that the petitioner used the passport of the 1st accused to travel from Bahrain to India on 22.11.2024. The petitioner's passport was seized by the police and produced in court. The petitioner later moved an application for getting the passport released, as he had to go back to Saudi Arabia, where he is conducting business and his family is stationed. The court below having dismissed the application, this Crl.M.C is filed. 3. Learned counsel for the petitioner submits that his client and the 1st accused had travelled together from Saudi Arabia to Bahrain and from there, the petitioner travelled alone to India. Due to some mistake at the Immigration Centre in the Bahrain Airport, the passports of 2025:KER:25376 CRL.MC NO. 2288 OF 2025 3 the petitioner and the 1st accused got mixed up, which was noted only after reaching Calicut Airport. On realizing the mistake, petitioner reported this to the Immigration Officials. 4. It is submitted that even the prosecution does not have a case that the passport is in any manner tampered with. Moreover, the petitioner, as also the Immigration Officers at Calicut Airport, were questioned by the Investigating Officer. It is submitted that unless the petitioner is permitted to go back to Saudi Arabia at least for a short period, his business will suffer, and his family will be put to extreme prejudice. 5. Learned Public Prosecutor stoutly opposed the prayer for release of the passport by pointing out that it is a material piece of evidence and if the passport is released, it will affect the investigation. 6. The correctness or otherwise of the petitioner's version will come to light only on completion of the investigation. For the present, the facts that the passport is not in any manner tampered with and the petitioner is not having any criminal antecedents are to be taken into 2025:KER:25376 CRL.MC NO. 2288 OF 2025 4 consideration. 7. Taking the above factors into account, I am of the opinion that the passport can be released to the petitioner for a period of three months subject to stringent conditions, including the condition of submitting certified copies of the passport and filing affidavit undertaking to return to India and produce the passport in court before expiry of the three months period. The trial court can also fix such other appropriate conditions. If the petitioner complies with the conditions and resubmits the passport within time, he can move an application before the trial court for release of the passport for a further period. The Crl.M.C is accordingly disposed of, by directing the court below to release petitioner’s passport for three months, subject to the above and such other appropriate conditions. Sd/- V.G.ARUN JUDGE SPV 2025:KER:25376 CRL.MC NO. 2288 OF 2025 5 APPENDIX OF CRL.MC 2288/2025 PETITIONER’S ANNEXURES ANNEXURE-I A TRUE COPY OF THE FIR IN CRIME NO. 125/2025 OF KARIPPUR POLICE STATION ANNEXURE-II A TRUE COPY OF THE CMP NO. 794/2025 IN CRIME NO. 125/2025 OF KARIPPUR POLICE STATION ANNEXURE-III CERTIFIED COPY OF THE ORDER DATED 03.03.2025 IN CMP NO. 794/2025 PASSED BY CHIEF JUDICIAL MAGISTRATE COURT, MANJERI RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE