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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

2 min read

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

The Kerala High Court allowed an accused to renew his passport for a period of one year while ensuring that he remains available for trial. The Court held that conditional passport renewal is permissible if the accused undertakes to appear before the trial court whenever required.


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.
  2. The offences alleged are under Sections 126(2), 115(2), 74, and 351(2) of the BNS.
  3. The petitioner’s passport expired on 26 May 2025, and he sought permission to renew it to continue his employment abroad. His prior application before the Magistrate was dismissed.


Arguments:
  1. Petitioner: Submitted that renewal of the passport was necessary for employment and assured appearance before the trial court whenever summoned.
  2. State/Public Prosecutor: Opposed, arguing that renewal may result in the petitioner’s non-availability for trial.


Court’s Observations and Decision:
  1. Considering the petitioner’s employment and the circumstances, the Court permitted passport renewal for one year, subject to the condition that the petitioner must appear before the trial court as and when required.
  2. The Court directed that a copy of the order be issued immediately.


Legal Provisions Discussed:
  1. Sections 126(2), 115(2), 74 & 351(2) of the BNS – Criminal offences under the Bharatiya Nyaya Sanhita.
  2. Judicial discretion to grant passport renewal in pending criminal proceedings while safeguarding trial proceedings.


Appendix / Petitioner Annexures:
  1. Annexure A-1 to A-7: Various orders of Judicial First Class Magistrate Court-II, Palakkad, relating to prior proceedings and passport application.
  2. True copy of petitioner’s expired passport No. M8763789 dated 27.05.2015.
  3. 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