N.Nagaresh, J
1. The petitioner, who is the 10th accused in Crime No.355 of 2007 of the Karamana Police Station, which is registered for offences punishable under
Sections 120B, 447, 427, 396, 212 and 302 IPC and Section 27 of the Arms Act, has filed the writ petition seeking to direct the respondents to allow
the petitioner to travel to appear before the concerned Magistrate's Court within the time stipulated by Ext.P3 order.
2. The petitioner is employed in Dubai. The petitioner went to Dubai with an Indian Passport. Consequent to registration of the Crime No.355 of 2007
of Karamana Police Station, the Passport Authorities have impounded his Passport.
3. The petitioner states that the petitioner approached this Court filing Crl.M.C.No.1341 of 2024. However, this Court disposed of Crl.M.C.No.1341 of
2024 as per Ext.P3 order and directed the petitioner to appear before the Jurisdictional Magistrate within ten days and file any application for grant of
bail and for recall of warrant.
4. Earlier, the petitioner had filed Crl.M.C.No.4223 of 2011, seeking to quash Annexure-V Charge Sheet in C.P.No.11 of 2011 on the file of the
Judicial First Class Magistrate's Court-I, Thiruvananthapuram. This Court disposed of the said Crl.M.C granting liberty to the petitioner to apply for
discharge under Section 227 of the Code of Criminal Procedure.
5. The petitioner states that only four days are remaining for the petitioner to appear before the Jurisdictional Court. Unless the impounding of
Passport is suspended and the Passport is handed over to the petitioner, the petitioner will not be able to appear before the Court.
6. Deputy Solicitor General of India appeared and resisted the writ petition. The Deputy Solicitor General pointed out that the petitioner is involved in a
criminal case involving serious offences. Therefore, the Passport was impounded rightly and legally. The petitioner cannot seek suspension of
impounding unless the criminal case is concluded or unless the criminal court so directs. On the necessity for the petitioner to appear before the Court
within four days, the Deputy Solicitor General of India submitted that if the petitioner makes an application for Emergency Certificate in the Indian
Consulate in Dubai, the Consulate can issue Emergency Certificate with which the petitioner can approach the criminal court.
7. I have heard the learned Counsel for the petitioner and the learned Deputy Solicitor General of India representing the respondents.
8. The fact that a criminal case is registered against the petitioner and the competent criminal court has taken cognizance of the offence is not
disputed. Therefore, I do not find any illegality on the part of the Passport authorities impounding the Passport. In the circumstances of the case, the
legal course available to the petitioner is to visit India by applying for an Emergency Certificate and appear before the criminal court.
In the circumstances of the case, the writ petition is disposed of directing that if the petitioner submits an application for Emergency Certificate to the
Indian Consulate in Dubai, the Consulate shall take appropriate decision for issuance of Emergency Certificate at the earliest. Taking into
consideration the fact that only four days are remaining for the petitioner to appear before the criminal court in India, the Consulate shall take a
decision on issuance of Emergency Certificate within 24 hours of the receipt of application from the petitioner.
