----------------------- The petitioner has applied for fresh Passport before the 1st respondent as per Ext.P1. The Passport Authorities did not consider the application of the petitioner for the reason that petitioner has been convicted for an offence punishable under Section 25 (a) r/w Section 5 of the Arms Act. It is stated by the respondents that, if petitioner produce permission from the court to depart from India, necessarily the Passport Authority will consider the application of the petitioner in accordance with law.
2. Admittedly against the conviction, an appeal is pending before the Court of Session, Manjery by the petitioner. Therefore, the petitioner shall approach Court of Session, Manjeri seeking for a permission to depart from India. The Court of Sessions, Manjeri shall consider the application of the petitioner in terms of Asok Kumar v. State of Kerala [2009 (2) KLT 712] within a period two weeks from the date of receipt of a copy of this judgment. If any W.P.(C).No.27678 of 2014
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favourable order is passed by the Court of Session, the petitioner shall approach the Passport Authority with that application. Thereafter,the Passport Authority shall issue Passport to the petitioner in accordance with the order passed by the Court of Session.
The writ petition is disposed of as above.
Sd/
A.MUHAMED MUSTAQUE, JUDGE jm/