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2026 DAILYLAW 430 (KER)

Teny Saji, S/O Saji Antony v. State of Kerala, Represented By The Public Prosecutor

2026-03-16

C S Dias

body2026
ORDER : C.S.DIAS, J. 1. The petitioner is the first accused in S.C. No. 270 of 2023 on the file of the Court of the Additional Sessions Judge-I, Kottayam (‘Trial Court', for short), which has originated from Crime No. 776/2020 registered by the Manimala Police Station, Kottayam, alleging the commission of the offences punishable under Sections 489-B and 489-C read with Section 34 of the Indian Penal Code . 2. The petitioner has stated in the Criminal Miscellaneous Case that, he is an accredited quality assurance and quality control technician. The petitioner has secured an employment in Oman. The petitioner's passport has validity only till 08.03.2026. In order to secure employment, the petitioner needs to have a passport with a validity of minimum three years. Accordingly, the petitioner had filed an application before the Trial Court to renew his passport with a validity of three years. Nonetheless, by Annexure A4 order, the Trial Court has granted permission only to renew the passport with a validity of eight months. Annexure A4 order is unreasonable and unjustifiable. Hence, the Crl.M.C. 3. I have heard; the learned counsel for the petitioner, the learned Public Prosecutor and the learned DSGI. 5. Undisputably, by Annexure A4 order, the Trial Court has granted permission to the petitioner to renew his passport with a validity of eight months. Annexure A6 communication reveals that the petitioner has secured employment in Oman. The petitioner’s specific case is that, as per the regulations in Oman, the petitioner has to have a passport with a validity of minimum of three years. 6. Taking into consideration the fact that the petitioner has already been granted permission to renew his passport with validity of eight months, the trial in the case has not commenced, and there is no likelihood of the trial commencing in the near future, and further, that the law laid down by this Court in Abhil C.R. v. State of Kerala [2025 KHC OnLine 1650] , Satheesan v. State of Kerala [2025 KHC 2154] and Rameshan v. State of Kerala [ 2025 (6) KHC 545 ] , that an accused can be permitted to go abroad by availing the electronic video linkage, I am of the definite view that the petitioner has made out exceptional circumstances to grant relief prayed for in the Crl. M.C. In the aforesaid circumstances, in supersession of Annexure A4 order, I direct the second respondent to issue a passport in favour of the petitioner having validity of three years, subject to the condition that the petitioner files applications before the Trial Court for permanent exemption and to avail the electronic video linkage facility as provided under the Electronic Video Linkage Rules for Courts (Kerala), 2021 . If such applications are filed, the Trial Court is directed to consider and dispose the applications, in accordance with law, keeping in mind the law laid down in the afore- cited decisions.