(Querist) 16 January 2022
This query is : Open
Sir, I had been convicted by the trial court under Prevention of Corruption Act. The verdict of the trial court has been stayed by the High court and the Criminal Appeal is pending before the High Court. In the above situation, My daughter and grand daughter is in foreign country. In the above situation, i) Am I eligible for temporary Passport, in case of any medical emergency for my daughter and grand daughter to bring them back to India, ii) Am I eligible for temporary visa to visit the foreign country for the above said reason.
In case if the reply is yes, what are the general conditions may be imposed by the High court? If any deposit to be made, the probable amount also please be informed. Thanks in anticipation.
(Expert) 16 January 2022
It is the discretion of the trial court to grant permission if the accused is not needed for trial when it is applied for. Normally the court will permit if the travel does not clash with its plan to list the trial.
The court must decide on the permission based on the facts like at what period of time the accused is needed for trial by the court, other factors like backlog of pending cases the court has etc.
The broad set of guidelines the HC of Kerala issued in this regard is there at https://lawwatch.in/guidelines-for-granting-permission-by-criminal-courts-in-issuing-passports/
(Querist) 17 January 2022
Much obliged by the opinion of Learned Expert Shri K. Rajasekharan.
(Expert) 17 January 2022
Trial has been completed. Any suggestion depends upon the conditions, if any, prescribed by the High Court while granting stay.
(Querist) 18 January 2022
Much obliged by the reply of Learned Expert Shri P. Venu. The stay has been granted in the year 2017 and as per the condition I am reporting to the Trial court on 1st working day of each month. Whether, I am eligible for passport and visa in case of any emerging situation to my daughter and grand daughter. Please response. Thanks in anticipation.