S.Jayachandran v. The State Of Tamil Nadu

M.S.RAMESH, J.

AND SUNDER MOHAN, J.

[Order of the Court was made by M.S.RAMESH, J.] The Petitioner's Son one Prince Mathuram Cornelius was implicated in a Criminal case in Crime No.207/2019 for certain offences under the Passports Act, 1967 and the Penal Code, which culminated into C.C.No.3769/2021 on the file of the Additional Metropolitan Magistrate Court for CCB Cases, Egmore. Through a judgment dated 04.11.2023 in C.C.No.3769/2021, the petitioner's son was acquitted from the criminal charges. In the meantime, the petitioner's son was detained under the Foreigners Act, 1946, by the State Government through G.O.(ID) No.336 dated 19.07.2019 and was lodged in the Foreigners' Camp in Trichy.

2. Seeking for permission for the detenu to stay with him,the petitioner had filed HCP No.1381 of 2020 and by an order dated 19.08.2020, a Coordinate Bench of this Court had granted permission for the detenu to stay

along the petitioner at Coimbatore. Thereafter, an order dated 27.01.2021 came to be passed in Crl.M.P. No.7246 of 2020 in H.C.P. No.1381 of 2020, whereby the detenu was granted permission to stay with his father, who has shifted his house to Chennai, with a condition that he must report before the Inspector of Police, Fake Passport Team, Central Crime Branch, Chennai 600 007, everyday at 06.30 p.m. The petitioner seeks relaxation of the said condition imposed by this Court on the ground that the detenu has been complying with the condition of reporting before the Investigating authorities from 27.01.2021 onwards.

3. We have taken into consideration that the petitioner's son has been acquitted from the criminal charges, however, the order of detention made under the Foreigners Act, is still in force. In this background, if the earlier condition imposed on the detenu in CrlM.P. No.7246 of 2020 to report before the Police every day is modified as once in a month, the ends of justice would be secured.

4. Accordingly, the detenue, Prince Mathuram Cornelius, is directed to appear before the Inspector of Police, Fake Passport Team, Central Crime Branch, Chennai 600 007, once in a month, i.e., on the first working day of every month at 06.30 p.m.

5. With the above modification, this Criminal Miscellaneous Petition stands ordered.

(M.S.R., J.) (S.M., J.) 05.02.2024 bga Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga Crl M.P. No.374 of 2024 in H.C.P. No.1381 of 2020 Dated: 05.02.2024