Kerala High Court Allows Accused To Renew Passport With 5-Year Validity For Overseas Employment
The Kerala High Court recently permitted a person accused in two criminal cases to renew his passport with a validity of 5 years in order to enable him to travel abroad for his new job in Oman.
Justice C.S. Dias was considering a plea wherein the petitioner had filed applications in both the cases before the trial court for permission to renew his passport and to travel abroad. Though these applications were allowed, the trial court did not specify the validity period of the passport.
According to the petitioner, he requires a passport of validity of at least 5 years so as to secure a visa to travel to Oman. So, he sought a direction to the Regional Passport officer to renew the passport with a validity of 5 years.
The Deputy Solicitor General of India (DSGI) submitted that the petitioner's application for renewal was closed on his own request and that the officer can consider for renewal if the petitioner submits a fresh application.
Considering the submission, the Court held:
“I do not find any legal impediment in granting permission to the petitioner to apply for renewal of his passport having a validity of five years, provided the petitioner also files applications before the trial court seeking for his permanent exemption, with an undertaking that he would not dispute his identity, and to avail the electronic video linkage as per the Electronic Video Linkage Rules (Kerala), 2021 ('Rules' in short), which would take care of the petitioner's absence, in the case the trial in the above case has to be proceeded with.”
The afore applications before the trial court are to be preferred within 2 weeks and the trial court has to consider and dispose of the same as per the law laid down in Abhil C.R. v. State of Kerala [2025 KHC OnLine 1650] and, Rameshan v. State of Kerala (2025 (6) KHC 545).
The petitioner has to file a renewal application within 4 weeks. Once the application is received, the Regional Passport officer has to consider the same in accordance with law and if the petitioner is entitled for a renewal, the passport has to be issued with a validity of 5 years.
The Court thus allowed the plea.
Case No: Crl.M.C. No. 1402 of 2026
Case Title: Rafeek v. State of Kerala and Ors.
Citation: 2026 LiveLaw (Ker) 134
Counsel for the petitioner: Muhammed Zain Shabeer P.P., Shibu Babu, Rithin Gopi T.G., Riyas B.S., Anish M.M
Counsel for the respondents: O.M. Shalina - Deputy Solicitor General of India, Sanal P. Raj – Pubilc Prosecutor