BY AD v. P.MARTIN JOSE

SHRI. THOMAS, MATHEW @ TOM MATHEW, AGED 45 YEARS S/O P.J MATHEW, FLAT NO. 405, 4TH FLOOR, KINGS APARTMENTS, NEXT TO JW MARIOTT HOTEL, JUHU TARA TARA ROAD, JUHU, MUMBAI – 400049. BY ADVS. P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT ANNA LINDA EDEN HARIKRISHNAN S. KARTHIKA SAROJ S.SREEKUMAR (SR.) RESPONDENT/COMPLAINANT: DIRECTOR OF ENFORCEMENT GOVERNMENT OF INDIA REPRESENTED BY ITS ASSISTANT DIRECTOR, COCHIN ZONAL OFFICE, KANOOS CASTLE, A.K SHESHADRI ROAD, (MULLASSAERY CANAL ROAD WEST), COCHIN – 682001. ADV Jaishankar V.Nair – STANDING COUNSEL SRI. M.C. ASHI - PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 1542 OF 2024 2 BECHU KURIAN THOMAS, J. ----------------------------------------- Crl.M.C. No 1542 of 2024 ---------------------------------------- Dated this the 12th day of April, 2024 ORDER Petitioner challenges the order dated 02-02-2024 in Crl.M.P.No.116 of 2024 in S.C. No.1533/2023 on the files of the Special Sessions Court (SPE/CBI)-III, Ernakulam. As per the impugned order, petitioner was granted permission to obtain a fresh passport for a period of three years. The limitation of validity of passport for three years is prejudicial to the petitioner, and hence this petition under Section 482 of Cr.P.C.

I have heard Sri.S.Sreekumar, the learned Senior counsel for the petitioner as well as Sri. Jaishankar V.Nair, the learned Standing Counsel for the respondent.

Petitioner is facing prosecution under Section 420 of the Indian Penal Code, 1860, which is the predicate offence, based on which proceedings have been initiated under the Prevention of Money Laundering Act, 2002. When his passport was about to expire during the pendency of investigation into the predicate offence, he sought for re-issue/renewal of the passport. By order dated 09-02-2022, the Special Sessions Court permitted renewal of the passport for a period of 10 years CRL.MC NO. 1542 OF 2024 3 with a condition that he shall not go abroad without the permission of the Court.

In the meantime, after the passport was reissued the petitioner allegedly lost it, and therefore, he wanted to obtain a fresh passport with a validity of 10 years. Since the predicate offence as well as the offence under the PMLA Act were under consideration, he moved two applications before the CBI Court as well as PMLA Court. In both those applications, the passport was directed to be reissued, however, with a limited validity of three years. The order of the Court handling the predicate offence was challenged in Crl.M.C.No.1536/2024 and by order dated 05-03-2024, this Court granted permission to reissue the passport with a validity of 10 years. The present petition under Section 482 is challenging the order of the Court dealing with the PMLA offence.

Though the learned Standing Counsel for the Enforcement Directorate vehemently objected to the reissue of passport with such a long period of validity, I am of the view that since this Court has already directed the reissue of passport with a validity of 10 years relating to the predicate offence the said objection has no rationale.

Since this Court has already directed renewal of the passport of the petitioner with a validity of 10 years and since CRL.MC NO. 1542 OF 2024 4 no reasons are forthcoming as to why a restrictive period of validity should be imposed, in order to avoid any inconsistency between the two orders of this Court, I am of the view that permission ought to be granted to the petitioner to re-issue his passport with a validity for 10 years. Ordered accordingly.

It is clarified that the order permitting the reissue of the passport with a validity of 10 years shall not be treated as permission to travel abroad, for which the petitioner will have to move appropriate application, as already ordered. The Crl.M.C is disposed of as above. BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 1542 OF 2024 5 APPENDIX OF CRL.MC 1542/2024 PETITIONER ANNEXURES Annexure A Annexure B Annexure C TRUE COPY OF C.M.P NO. 116 OF 2024 IN S.C. NO. 1533 OF 2023 OF SPECIAL COURT FOR PMLA CASES. TRUE COPY OF OBJECTION / REPORT FILED BY THE INVESTIGATING OFFICER IN CRL.M.P. NO. 116 OF 2024 IN S.C. NO. 1533 OF 2023. CERTIFIED COPY OF THE ORDER DATED 02-02-2024 IN CRL.M.P. NO. 116 OF 2024 IN S.C. NO. 1533 OF 2023 OF THE ADDITIONAL SPECIAL SESSIONS JUDGE, (SPE/CBI)-III, ERNAKULAM.