Jayaprakash. K v. The Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Jayaprakash.K. @ Prakasan Manal Kunnummal ... Petitioner Vs.
1.The Union of India Rep.by its Principal Secretary to Government Ministry of External Affairs Shasthri Bhavan, New Delhi.
2.The Consulate General of India The Indian Embassy Block 428, Building 1090, Road No.2819, A1-Seef Manama, PO Box 26106 Kingdom of Bahrain.
3.The Regional Passport Officer Government of India Ministry of External Affairs Eranhipalam Post Kozhikode, Kerala 673 006.
4.The Inspector of Police Pallor Police Station Mahe District, Pondicherry.
...Respondents
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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to re-issue /renew passport of Mr.Athul Manal Kunnummal, bearing Passport No.V4239684, pursunat to the petitioner's son application bearing application reference No.ARN 24-2005959144 for full validity period as provided under the Passport Act within a time frame as fixed by this Court. For Petitioner : Mr.R.Suryanarayanan For Respondents : Mr.Ravi Meenakshi Sundaram Central Government Standing Counsel for R1 to R3 Mr.R.Sreedhar for R4 Additional Government Pleader
ORDER
This Writ Petition is filed for a Writ of Mandamus directing the third respondent to reissue/renew the passport of Athul Manal Kunnummal, bearing Passport No.V4239684, to the petitioner's son vide application No. ARN24-2005959144.
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2. It can be seen that the petitioner's son is employed in Bahrain. Whileso, his passport has expired. When he made an application for renewal on account of the pendency of the criminal case the renewal was not granted, on account of which now, he is strandard in Bahrain. Under these circumstances, the present application is made. It can be seen that there is one criminal case against the petitioner's son which is now pending committal in in PRC.No.1 of 2025 for the alleged offences under Sections 147, 148, 353, 427, 435, 454, 506(ii) r/w Section 4 (1) of Prevention and Destruction to the Public Property Act.
3. In view thereof, this Writ Petition is disposed of on the following terms;
(i) The petitioner's son namely Athul Manal Kunnummal shall approach the Consulate Authorities, the Indian Embassy/second respondent and the second respondent shall issue one time exit permit to the petitioner to come back to India. Upon coming back to India the petitioner can make a fresh application to the third respondent and de hors the 3/6
pendency of the above criminal case, the third respondent shall issue the passport to the petitioner;
(ii) The petitioner shall thereafter apply before the same Court, where the committal is pending or if committed and the sessions case is taken on file, before the concerned Court, for permission to leave abroad and take permission and thereafter, leave abroad;
(iii) As and when the petitioner comes back to India and makes an application, the same shall be expeditiously considered and passport be issued within a period of four weeks from the date of application.
(iv) No costs.
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To 1.The Principal Secretary to Government Ministry of External Affairs Shasthri Bhavan, New Delhi.
2.The Consulate General of India The Indian Embassy Block 428, Building 1090, Road No.2819, A1-Seef Manama, PO Box 26106 Kingdom of Bahrain.
3.The Regional Passport Officer Government of India Ministry of External Affairs Eranhipalam Post Kozhikode, Kerala 673 006.
4.The Inspector of Police Pallor Police Station Mahe District, Pondicherry.
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D.BHARATHA CHAKRAVARTHY , J.
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