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Informative

Kerala High Court on Passport Renewal for Accused: Conditional Permission Granted.

Update / Judgement Date

20 Nov 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

3 min read

Civil LawOther Legal Matters
Kerala High Court on Passport Renewal for Accused: Conditional Permission Granted.
WCP News Bulletin
Headnote:

The Kerala High Court granted conditional permission to an accused to renew his passport, allowing him to continue employment abroad, while ensuring he remains available for trial. The Court held that the accused must appear before the trial court as and when required, despite renewal of the passport.


Background:
  1. The petitioner, Sanju P S, aged 29, is the sole accused in C.C. No. 448 of 2025 on the file of Judicial First Class Magistrate Court-II, Palakkad, arising out of Crime No. 15/2025 of Mankara Police Station.
  2. The offences alleged are under Sections 126(2), 115(2), 74, and 351(2) of the BNS.
  3. The petitioner sought permission from the Magistrate to renew his passport, which had expired on 26 May 2025, to avoid the risk of deportation while employed abroad. The learned Magistrate had earlier dismissed his application.


Arguments:
  1. Petitioner: Submitted that renewal of the passport is essential for his ongoing employment abroad and undertook to appear before the trial court whenever summoned.
  2. State/Public Prosecutor: Opposed the prayer, arguing that passport renewal might result in non-availability of the accused during trial.


Court’s Observations and Decision:
  1. The Court recognized the petitioner’s employment abroad and the necessity of passport renewal.
  2. Conditional permission was granted for renewal of the passport for one year, subject to the condition that the petitioner shall appear before the trial court as and when required.
  3. The Court directed that a copy of this order be issued immediately.


Legal Provisions Discussed:
  1. Sections 126(2), 115(2), 74 & 351(2), BNS – Various criminal offences under the Bharatiya Nyaya Sanhita.
  2. Judicial discretion for passport renewal in pending criminal proceedings, ensuring trial rights are protected.


Appendix / Petitioner Annexures
  1. Annexure A-1: Order in CMP No. 128/2025 dated 07.01.2025 of Judicial First Class Magistrate Court II, Palakkad.
  2. Annexure A-2 to A-5: True copies of various orders dated 15.01.2025, 17.03.2025, 03.06.2025.
  3. Annexure A-6: Petition for passport renewal.
  4. Annexure A-7: Order of Magistrate dismissing passport renewal application.
  5. True Copy of petitioner’s passport No. M8763789 dated 27.05.2015.
  6. Certified copy of Crl. M.P. No. 7069/2025 in C.C. No. 448/2025 dated 29.10.2025.

Citation: 2025:KER:89478

Case: Sanju P S v. State of Kerala & Ors.

Court: High Court of Kerala at Ernakulam

Coram: The Honourable Mr. Justice C. Pratheep Kumar

Date of Decision: 21 November 2025

Crl. M.C. No.: 10037 of 2025

Crime No.: 15/2025 of Mankara Police Station, Palakkad