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Jayesh Chandrabose vs The Regional Passport Officer on 5 June, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940

WP(C).No. 21793 of 2018

PETITIONER :

JAYESH CHANDRABOSE
AGED 30 YEARS,
S/O.CHANDRABOSE,
MANDAKINI HOUSE,
ANDHOOR AMSOM, DESOM,
POST-PARASSINIKKADAVE,
KANNUR DISTRICT-670563.

BY ADVS.SRI.M.SASINDRAN
SRI.P.K.SUBHASH

RESPONDENTS:

1. THE REGIONAL PASSPORT OFFICER
KOZHIKODE, ERANHIPALAM PO, 673006,
WEST HILL, KOZHIKODE DISTRICT.

2. THE DEPUTY SUPERINTENDENT OF POLICE,
TALIPARAMBA, KANNUR DISTRICT-670501.

3. THE DISTRICT POLICE CHIEF,
KANNUR, THAVAKKARA-670002,
KANNUR DISTRICT.

R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R BY SR.GOVERNMENT PLEADER SMT.AMMINIKUTTY

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21793 of 2018 (Y)

APPENDIX

PETITIONER’S EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE CONTRACT ENTERED IN TO
BETWEEN THE PETITIONER AND THE PILCO PIPELINE
CONSTRUCTIONS.

EXHIBIT P2 A TRUE COPY OF THE SEIZURE LETTER DATED 5-6-2018.

EXHIBIT P3 A TRUE COPY OF THE FIR IN CRIME NO 1363/2017 OF
TALIPARAMBA POLICE STATION, KANNUR.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 5-6-2018 CRMP
NO.2715 OF 2018 IN S.C.NO.264 OF 2018.

RESPONDENTS’ EXHIBITS :

NIL

//TRUE COPY//

P.S. TO JUDGE

A.MUHAMED MUSTAQUE, J.
—————————————-
W.P.(C) No.21793 of 2018
—————————————–
Dated this the 9th day of July, 2018

JUDGMENT

The petitioner is involved in a crime for the offence under Section

498A I.P.C. on a complaint of his wife. The petitioner is working abroad

on leave. He seeks release of the passport. Now as seen from

Exhibit-P4, the Sessions Court, Thalassery, had granted bail to the

petitioner. Learned ASGI submits that the State Police Chief as well as

the SC/ST Commission had requested the Passport Authorities to

impound the passport.

2. The Passport Authority has no case that this is a case

where passport to be impounded in terms of the Passport Act. In such

circumstances, the Passport Authority cannot be dictated by any other

authority for impounding the passport in order to make available

presence of the petitioner before the Sessions Court. The Sessions

Court, Thalassery, shall pass appropriate orders permitting the

petitioner to go abroad on such terms and conditions, within one week

from moving such petition by the petitioner. The Passport Authorities,

based on such orders, shall release passport to the petitioner without

any delay. It is submitted by the learned Special Government Pleader

that look out notice has already been withdrawn by the police.

The Writ Petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE
JUDGE
csl

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